Change notice
A change termination is the termination of a continuing obligation combined with the offer to conclude a new contract in order to continue it under changed conditions.
The notice of change is mainly found in rental contracts and employment contracts . If the addressee of the change termination rejects the offer to continue the obligation under the changed conditions or if he does not declare himself / herself within the period of validity of the offer, the obligation will be terminated by the change termination.
The change termination must be distinguished from the partial termination , which only relates to part of an existing contract.
Employment Law
In labor law, the change notice is a form of termination of the employment relationship , which is connected with the offer to continue the employment relationship under changed, usually worse conditions. German labor law provides for special protection for employees in the Dismissal Protection Act (KSchG; see explanations there) , which also applies in the event of a notice of termination (e.g. relocation of business premises). If the employment law protection against dismissal applies, the employee can also accept the change offer with reservation and at the same time have a judicial review whether the change dismissal is legally effective. The examination of a change termination in employment relationships in the judgment takes place in accordance with § 2 KSchG as follows:
- Receipt of a change notice in writing
- Offer to work under new working conditions in writing
- Acceptance with reservation (incidental examination of whether the deadline for filing a complaint under Section 7 Hs. 2 KSchG has been complied with)
- Socially justified?
- Reason for termination i. S. d. Section 1 (2) KSchG
- Change in working conditions justified ("change should have been accepted with approval")
See also
- Dismissal protection suit
- Dismissal Protection Act # Amendment termination , for the termination of changes in the German Dismissal Protection Act
