European Employment Law Cases

Case Reports

2020/19 Relationship between time of notification of collective redundancies and time of notice of termination (GE)

Keywords Collective Dismissal
Authors Marcus Bertz
Author's information

381461 Marcus Bertz
Marcus Bertz is an attorney-at-law at Luther Rechtsanwaltsgesellschaft mbH.
  • Abstract

      The notice of collective redundancies required to be given to an employment agency pursuant to Section 17(1) of the German Protection Against Unfair Dismissal Act (Kündigungsschutzgesetz, ‘KSchG’) can only be effectively submitted if the employer has already decided to terminate the employment contract at the time of its receipt by the employment agency. Notices of termination in collective redundancy proceedings are therefore effective – subject to the fulfilment of any other notice requirements – if the proper notice is received by the competent employment agency before the employee has received the letter of termination.

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