Mass layoffs
Mass layoff refers to the simultaneous termination of many employees by one employer .
Germany
In Germany, under the conditions of § 17 KSchG , an employer can be obliged to notify the employment agency of the dismissal of several employees within a certain period of time before they actually leave the company (see mass dismissal notification / "Notifiable mass discharge").
According to the decision of the ECJ of January 27, 2005, it will have to be assumed that this mass dismissal notification must be made before the dismissals are pronounced and no longer before the notice period has actually expired.
Mass layoffs in companies in which a works council has been elected regularly trigger additional co-determination rights of the works council in accordance with Section 111 BetrVG , which give the works council a right to information, a right to negotiate a balance of interests and, as a rule, a (enforceable) right to conclude a social plan . ( see in detail: change of company ).
Austria
In Austria, the term “dismissal” is only used in the sense of early dismissal for an important reason (according to Section 27 AngG, for example infidelity ). Therefore, there can be mass layoffs in Austria, but not mass layoffs.
Switzerland
In Switzerland, one speaks of a mass layoff when an employer terminates a defined minimum number of employees within 30 days:
| Company size | Number of terminations |
|---|---|
| more than 20 and less than 100 | 10 |
| at least 100 and less than 300 | 10 percent |
| at least 300 | 30th |
In the event of a mass dismissal, the employer has the following obligations:
- Inform and consult employees before the mass layoff
- Information from the employment office
- Duty for a social plan
Web links
- Mass layoffs - what should be considered? at HRToday
Individual evidence
- ↑ ECJ, judgment of January 27, 2005 , Az. C-188/03, full text.
