Wave of redundancies at Monacor in Bremen: What affected employees can do now

On 27 September 2024, numerous employees of Monacor International GmbH in Bremen received their redundancy notices. The reason: a planned plant shutdown at the Bremen site.

These dismissals for operational reasons have caused uncertainty among many of those affected, particularly with regard to the question of what steps should now be taken. In this article, we shed light on the legal basis of dismissal for operational reasons, the significance of the three-week deadline for filing a complaint and how we can help you as a specialist law firm in labour law.

Dismissal for operational reasons: What's behind it?

A dismissal for operational reasons is a form of ordinary dismissal that is not due to the employee's behaviour, but to operational requirements. In the case of Monacor International GmbH, the employees were dismissed because the plant in Bremen was to be completely shut down.

Important prerequisites for dismissal for operational reasons are

- Urgent operational requirementsThe employer must prove that the dismissal is unavoidable, for example because a site closure or reorganisation is necessary.
- Social selectionIf several employees are affected, the employer must select who is to be dismissed according to social criteria. Criteria such as age, length of service, maintenance obligations and severe disability play a role here.
- Correct form and deadlinesThe notice of termination must be in writing and observe the deadlines set out in the employment contract or collective agreements.

The 3-week period for filing an action for unfair dismissal

If you, as the employee concerned, wish to take action against the dismissal, you need to act quickly. After § 4 of the Dismissal Protection Act (KSchG), employees only have three weeks from receipt of the dismissal to file a dismissal protection claim with the labour court. This is particularly important, as otherwise the dismissal is automatically deemed to be effective, regardless of whether it was actually lawful.

If you miss this deadline, it will be almost impossible to take legal action against the dismissal. You should therefore act quickly and seek advice from an expert in labour law in order to realistically assess your chances of a successful claim.

What opportunities do affected employees have?

The chances of success of an action for protection against dismissal depend on various factors, in particular whether the dismissal fulfils the formal requirements and whether the social selection was carried out correctly. In many cases, formal errors or an insufficiently justified dismissal for operational reasons can lead to the dismissal being invalid. It is also possible for the employer and employee to reach an agreement in court proceedings, for example through a severance payment.

How our law firm can support you in the event of dismissals for operational reasons

As a law firm specialising in employment law, we support employees who are affected by a dismissal. Particularly in the case of dismissals for operational reasons, there are many points that need to be examined in detail in order to make an informed decision on how to proceed. We help you to check the legality of the dismissal and support you in filing an action for protection against dismissal within the three-week period.

Our services include:

- Examination of the cancellationWe analyse whether the notice of termination meets all formal and substantive requirements.
- Representation before the labour courtWe accompany you through the entire dismissal protection procedure.
- Negotiations on severance payIf continued employment is not possible or desired, we will support you in negotiating an appropriate severance payment.

Important note: Do not wait too long to protect your rights! If you are affected by the wave of cancellations at Monacor, contact us as soon as possible to check all your options.

Conclusion

The compulsory redundancies at Monacor International GmbH are a drastic experience for the employees affected. However, it is important not to remain inactive and to act promptly. With the right legal support, you can enforce your rights and possibly achieve a severance payment or reinstatement. Please do not hesitate to contact us if you have any questions or to arrange a consultation.

If you require labour law support or further information, we will be happy to assist you at our offices in Sulingen, Bremen, Osnabrück or Online available.

FAQ:

1. What is a dismissal for operational reasons?
   A dismissal for operational reasons is due to economic or operational necessities, e.g. the closure of a site, such as at Monacor International in Bremen. As a rule, the employer bears the burden of presentation and proof.
2. What deadlines must be observed when filing an action for unfair dismissal?
   Employees have three weeks after receiving notice of dismissal to file an action for protection against dismissal with the labour court.
3. What chances do I have in an action for unfair dismissal?
   The chances of success depend on the employer's compliance with the legal provisions, such as social selection and the formal correctness of the dismissal. Professional legal advice is recommended in any case.