The planned closure of the Continental plant in Stolzenau is causing great uncertainty among employees. As recently as 2023, it was stated that no job cuts were planned - now all 110 jobs are to be lost. In many cases, this means that the employees affected will be made redundant. dismissal for operational reasons. But what exactly does that mean? What rights do those who have been dismissed have? And how can you defend yourself?
Here you can find out what you can do now and why you need to act quickly.
What is a dismissal for operational reasons?
Termination for operational reasons occurs when the employer terminates the employment relationship due to economic, organisational or technical changes. Typical reasons are
- Plant closures or relocations
- Rationalisation measures or automation
- Slump in orders or economic difficulties
It is important that these changes lead to the permanent loss of the affected employee's job. The employer may therefore not simply terminate the contract in order to save costs - there must be a urgent operational requirement are available.
Prerequisites for a lawful dismissal for operational reasons
Not every dismissal is automatically effective; quite the opposite. Certain requirements must be met for a dismissal for operational reasons to be legally valid:
1. operational requirements must exist
The employer must prove that there is no possibility of retaining the job on the basis of the business decision. A mere economic improvement of the company is not sufficient - there must be a real necessity.
2. no possibility of continued employment
Before giving notice, the employer must check, among other things, whether a transfer to another vacant position within the company is possible. This can play an important role, especially in large corporations such as Continental.
3. social selection
If several but not all employees are eligible for dismissal, the employer must carry out a social selection. The following criteria are taken into account:
- Length of service
- Age
- Maintenance obligations (e.g. children or relatives in need of care)
- Severe disability
The employer may therefore not arbitrarily decide who to dismiss.
4. compliance with the notice period
The notice period is based on the employment contract, collective agreement or - if there is no contractual provision - the German Civil Code (BGB). The longer an employee has worked for the company, the longer the notice period usually is.
5. involvement of the works council
If a works council exists in the company, it must be properly consulted prior to the dismissal. If this obligation is breached, the dismissal may be invalid.
Am I entitled to a severance payment?
A common mistake: There is no statutory entitlement to severance pay.
However, employers often offer severance pay in order to avoid possible unfair dismissal claims. Even if a severance payment is promised in the letter of dismissal, this is often negotiable. In many cases, the amount of severance pay is based on the rule of thumb:
0.5 monthly salary per year of employment
However, it may be worth negotiating a higher severance payment with the support of a lawyer, especially if there are doubts about the validity of the dismissal.
How can I defend myself against the cancellation?
Anyone who receives a cancellation notice should act quickly. Because: The deadline for an action against dismissal is only three weeks!
After receipt of the notice of termination, a complaint must be filed with the competent labour court - in the case of Continental Stolzenau, this would be the Nienburg Labour Court - within this period. If this deadline is missed, the termination becomes effective almost automatically.
A specialist lawyer for labour law can check whether the dismissal is contestable and whether it is worth taking legal action. There are often errors in the social selection or the works council consultation that can render a dismissal invalid.
Our recommendation: Have your cancellation checked!
A dismissal for operational reasons is not always lawful. Especially in large companies with complex structures, mistakes are often made that can make a dismissal vulnerable. Hence our tip:
- Have the termination checked by a specialist lawyer for labour law.
- Don't let yourself be pressurised - you have three weeks to file a complaint.
- The amount of a possible severance payment is also often negotiable.
If you are affected or need legal advice, we will be happy to assist you. We can provide you with comprehensive advice at our locations in Sulingen, Bremen, Osnabrück or Online.
➡ Contact us now - before the deadline expires!
FAQ:
- What is a dismissal for operational reasons?
Termination for operational reasons occurs when a job is eliminated for economic or organisational reasons. - Am I entitled to a severance payment?
There is no statutory entitlement, but employers often offer severance pay to avoid legal action. The amount is often negotiable. - How long do I have to take action against the cancellation?
The deadline for an action for protection against dismissal is three weeks from receipt of the cancellation. It shall take effect thereafter. - Can I defend myself against a dismissal for operational reasons?
Yes, there are often errors in the social selection or the works council consultation. A complaint can be worthwhile. - Why should I involve a lawyer?
A specialist lawyer will check the dismissal for errors, provide support with an action for protection against dismissal and can negotiate a higher severance payment.
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