{"id":5823,"date":"2025-10-27T16:15:56","date_gmt":"2025-10-27T16:15:56","guid":{"rendered":"https:\/\/so-anwaelte.de\/?p=5823"},"modified":"2025-10-28T07:32:00","modified_gmt":"2025-10-28T07:32:00","slug":"termination-in-labour-law-opportunities-risks-and-case-law-for-employees-and-employers","status":"publish","type":"post","link":"https:\/\/so-anwaelte.de\/en\/aenderungskuendigung-im-arbeitsrecht-chancen-risiken-und-rechtsprechung-fuer-arbeitnehmer-und-arbeitgeber\/","title":{"rendered":"Dismissal with notice of change - opportunities, risks and case law for employees and employers"},"content":{"rendered":"
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Dismissal with notice of change - opportunities, risks and case law for employees and employers<\/h1>

One Change notice<\/strong> is a labour law instrument that has significant consequences for both employers and employees. It combines a ordinary Cancellation<\/a><\/strong> of the existing employment relationship with the simultaneous Offer<\/strong>, the employment relationship under changed conditions<\/strong> to continue.
This can be a reduction in working hours, a transfer to another location, an adjustment to the area of activity or even a reduction in pay.<\/p>

\"\"<\/p>

Particularly in economically difficult times - or in the course of company reorganisations - dismissal with notice of change is often used as an alternative to dismissal with notice. In practice, it plays an important role in the region Sulingen, Bremen and Osnabr\u00fcck<\/strong> especially for medium-sized companies<\/strong>, social organisations<\/strong> or Production company with several locations<\/strong> an important role.<\/p>

1. formal requirements - clarity and certainty are crucial<\/h2>

As with any notice of termination, the notice of termination with In writing<\/a> take place<\/strong> and signed by the employer in person. An e-mail or scan is not sufficient.
The Centrepiece<\/strong> The offer to continue the employment relationship on new terms and conditions must be attached to the notice of termination. This offer must formulated so concretely and clearly<\/strong> be that the employee knows exactly what he or she is getting into.<\/p>

The new place of work, the future job, remuneration, working hours or other key conditions must be clearly labelled<\/strong> be. If the offer is too vague or leaves important details open, the termination notice may be invalid for this reason alone. Employers should therefore attach great importance to precise wording - and employees should check exactly what they are actually being offered.<\/p>

Formal points such as the Compliance with the notice period<\/strong>, which Proper consultation of the works council<\/strong> (if available) and the Compliance with collectively agreed or company regulations<\/strong> play a decisive role in effectiveness.<\/p>

2. material prerequisites - social justification<\/h2>

A notice of dismissal may only be given if it socially justified<\/strong> is necessary. This means that the employer must have comprehensible reasons why the change in working conditions is necessary.<\/p>

The law distinguishes between personal<\/strong>, behavioural<\/strong> and operational reasons<\/strong>. In practice, operational reasons usually play a role - such as economic difficulties, organisational changes or the closure of a location.<\/p>

The decisive factor is the principle of Proportionality<\/strong>. The employer must check whether there is a milder means of achieving the objective, such as a Transfer within the existing contractual framework<\/strong>, a Temporary change<\/strong>, or a amicable adjustment<\/strong>. The notice of termination is always the last resort<\/strong> (\u201eultima ratio\u201c).<\/p>

3. deadlines and options for action - react in good time<\/h2>

Anyone who receives a termination notice should Act quickly<\/strong>. Because here, too, the three-week deadline for filing suit<\/strong> in accordance with Section 4 of the Dismissal Protection Act. A decision on how to respond to the offer of change must be made within this period.<\/p>

There are two possibilities:<\/p>

  1. Acceptance subject to reservation<\/strong> (\u00a7 2 KSchG): The employee accepts the offer of change, but declares that this is \u201esubject to social justification\u201c. At the same time Action for protection against change<\/strong> be submitted to the labour court. In this way, the job is initially retained while the court examines whether the changed conditions are lawful.<\/p><\/li>

  2. Rejection of the offer:<\/strong> The employee can reject the offer. In this case, the dismissal is deemed to be a termination notice - in which case Action for unfair dismissal<\/strong> are also raised within three weeks.<\/p><\/li><\/ol>

    Employers should also be aware of this: If a dismissal with notice of change is worded incorrectly, it may fail in court, even though the operational reasons would have been viable in themselves.<\/p>

    4. case law from practice - two landmark cases<\/h2>

    Case 1: Indeterminate offers are invalid<\/h3>

    An electrical engineer had been employed by a company for many years when he received a notice of termination. The letter provided for a new allocation of tasks, but left open exactly which activities were to be carried out in future and at which location. The offer also did not contain any specific information on the location of the working hours or the job classification.<\/p>

    The employee accepted the offer with reservations and sued for a declaration that the change was socially unjustified. The Federal Labour Court<\/strong> ruled: A dismissal with notice of change is only effective if the offer of change Clear and determined<\/strong> is.
    An employee must be able to decide \u201eyes or no\u201c whether they wish to accept the new conditions. If key points are left open or are only described in general terms, there is a lack of the necessary certainty - the termination notice is then invalid.<\/p>

    This judgement shows how important precise formulations are. Employers should therefore set out exactly which activities, working hours and work locations will apply in future. Employees, on the other hand, should scrutinise every formulation critically - unclear or vague offers are a warning sign.<\/p>

    \"\"<\/p>

    Case 2: Reduction in remuneration during the crisis - exceptionally permissible<\/h3>

    In another case, a social welfare organisation found itself in a massive economic crisis. In order to avoid the threat of insolvency, the employer Extraordinary notices of termination with an expiry period<\/strong> out. The aim was to reduce employees' salaries in order to save the organisation.<\/p>

    The Federal Labour Court made it clear that such a dismissal with Exceptionally permissible<\/strong>, when they are Averting a concrete risk of insolvency<\/strong> is required and milder means<\/strong> are not sufficient. However, the planned measures must proportionate<\/strong> The interventions must not go beyond what is reasonable for the employees.<\/p>

    The court also emphasised that employers must make their decision prove resilient<\/strong> must be provided: with figures, restructuring plans and evidence that alternative measures (e.g. short-time working or a collective restructuring agreement) were examined but were not sufficient.<\/p>

    In practice, this means that it is possible to give notice of termination to reduce pay - but only if it is well justified and documented. Employers should always prepare such a measure with legal support. Employees should check whether the alleged economic reasons are actually comprehensible and whether the reduction is appropriate.<\/p>

    5. tactical considerations for both sides<\/h2>

    For employees:<\/strong><\/p>