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> GOVERNANCE - home > Employment protection legislation database - EPLex > Germany

Germany - Procedural requirements for collective dismissals for economic reasons (redundancy, retrenchment)


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Definition of collective dismissal (number of employees concerned):
Within a period of 30 days:
1) more than 5 employees in undertakings with 21 to 59 employees;
2) 10% or more than 25 employees in undertakings with 60 to 499 employees;
3) at least 30 employees in undertakings with at least 500 employees.

Remarks:
  • Sec. 17 PADA

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • Sec. 17 (2) PADA

Notification to the public administration: Yes

Remarks:
  • Sec. 17 (1) PADA

Notification to workers' representatives: Yes

Remarks:
  • Sec. 17(2) PADA

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): Yes

Remarks:
  • Sec. 1(3) PADA: mandatory social selection on the basis of length of service, age, family responsibilities, severe disability.
    Note that this requirement applies to all dismissals based on urgent operational requirement notwithstanding the number of employees concerned (subject to the limitation on the scope of application of the PADA).

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • Sec. 1 (2) 1: General obligation on the part of the employer to try to avoid dismissal, by offering the employee another position (applicable also to individual economic dismissal).
    See also sec. 17(2) PADA: Alternatives to redundancies and ways to mitigate the effect are to be discussed in the framework of the consultation process between the employer and the works council.

    (Note: In undertakings with more than 20 employees, the works council can request a social plan to mitigate the effects of redundancy)

Priority rules for re-employment: No

+ show references

Definition of collective dismissal (number of employees concerned):
Within a period of 30 days:
1) more than 5 employees in undertakings with 21 to 59 employees;
2) 10% or more than 25 employees in undertakings with 60 to 499 employees;
3) at least 30 employees in undertakings with at least 500 employees.

Remarks:
  • Sec. 17 PADA

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • Sec. 17 (2) PADA

Notification to the public administration: Yes

Remarks:
  • Sec. 17 (1) PADA

Notification to workers' representatives: Yes

Remarks:
  • Sec. 17(2) PADA

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): Yes

Remarks:
  • Sec. 1(3) PADA: mandatory social selection on the basis of length of service, age, family responsibilities, severe disability.
    Note that this requirement applies to all dismissals based on urgent operational requirement notwithstanding the number of employees concerned (subject to the limitation on the scope of application of the PADA).

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • Sec. 1 (2) 1: General obligation on the part of the employer to try to avoid dismissal, by offering the employee another position (applicable also to individual economic dismissal).
    See also sec. 17(2) PADA: Alternatives to redundancies and ways to mitigate the effect are to be discussed in the framework of the consultation process between the employer and the works council.

    (Note: In undertakings with more than 20 employees, the works council can request a social plan to mitigate the effects of redundancy)

Priority rules for re-employment: No

+ show references

Definition of collective dismissal (number of employees concerned):
Within a period of 30 days:
1) more than 5 employees in undertakings with 21 to 59 employees;
2) 10% or more than 25 employees in undertakings with 60 to 499 employees;
3) at least 30 employees in undertakings with at least 500 employees.

Remarks:
  • Sec. 17 PADA

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • Sec. 17 (2) PADA

Notification to the public administration: Yes

Remarks:
  • Sec. 17 (1) PADA

Notification to workers' representatives: Yes

Remarks:
  • Sec. 17(2) PADA

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): Yes

Remarks:
  • Sec. 1(3) PADA: mandatory social selection on the basis of length of service, age, family responsibilities, severe disability.
    Note that this requirement applies to all dismissals based on urgent operational requirement notwithstanding the number of employees concerned (subject to the limitation on the scope of application of the PADA).

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • Sec. 1 (2) 1: General obligation on the part of the employer to try to avoid dismissal, by offering the employee another position (applicable also to individual economic dismissal).
    See also sec. 17(2) PADA: Alternatives to redundancies and ways to mitigate the effect are to be discussed in the framework of the consultation process between the employer and the works council.

    (Note: In undertakings with more than 20 employees, the works council can request a social plan to mitigate the effects of redundancy)

Priority rules for re-employment: No

+ show references

Definition of collective dismissal (number of employees concerned):
Within a period of 30 days:
1) more than 5 employees in undertakings with 21 to 59 employees;
2) 10% or more than 25 employees in undertakings with 60 to 499 employees;
3) at least 30 employees in undertakings with at least 500 employees.

Remarks:
  • Sec. 17 PADA

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • Sec. 17 (2) PADA

Notification to the public administration: Yes

Remarks:
  • Sec. 17 (1) PADA

Notification to workers' representatives: Yes

Remarks:
  • Sec. 17(2) PADA

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): Yes

Remarks:
  • Sec. 1(3) PADA: mandatory social selection on the basis of length of service, age, family responsibilities, severe disability.
    Note that this requirement applies to all dismissals based on urgent operational requirement notwithstanding the number of employees concerned (subject to the limitation on the scope of application of the PADA).

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • Sec. 1 (2) 1: General obligation on the part of the employer to try to avoid dismissal, by offering the employee another position (applicable also to individual economic dismissal).
    See also sec. 17(2) PADA: Alternatives to redundancies and ways to mitigate the effect are to be discussed in the framework of the consultation process between the employer and the works council.

    (Note: In undertakings with more than 20 employees, the works council can request a social plan to mitigate the effects of redundancy)

Priority rules for re-employment: No

+ show references

Definition of collective dismissal (number of employees concerned):
Within a period of 30 days:
1) more than 5 employees in undertakings with 21 to 59 employees;
2) 10% or more than 25 employees in undertakings with 60 to 499 employees;
3) at least 30 employees in undertakings with at least 500 employees.

Remarks:
  • Sec. 17 PADA

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • Sec. 17 (2) PADA

Notification to the public administration: Yes

Remarks:
  • Sec. 17 (1) PADA

Notification to workers' representatives: Yes

Remarks:
  • Sec. 17(2) PADA

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): Yes

Remarks:
  • Sec. 1(3) PADA: mandatory social selection on the basis of length of service, age, family responsibilities, severe disability.
    Note that this requirement applies to all dismissals based on urgent operational requirement notwithstanding the number of employees concerned (subject to the limitation on the scope of application of the PADA).

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • Sec. 1 (2) 1: General obligation on the part of the employer to try to avoid dismissal, by offering the employee another position (applicable also to individual economic dismissal).
    See also sec. 17(2) PADA: Alternatives to redundancies and ways to mitigate the effect are to be discussed in the framework of the consultation process between the employer and the works council.

    (Note: In undertakings with more than 20 employees, the works council can request a social plan to mitigate the effects of redundancy)

Priority rules for re-employment: No

+ show references

Definition of collective dismissal (number of employees concerned):
Within a period of 30 days:
1) more than 5 employees in undertakings with 21 to 59 employees;
2) 10% or more than 25 employees in undertakings with 60 to 499 employees;
3) at least 30 employees in undertakings with at least 500 employees.

Remarks:
  • Sec. 17 PADA

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • Sec. 17 (2) PADA

Notification to the public administration: Yes

Remarks:
  • Sec. 17 (1) PADA

Notification to workers' representatives: Yes

Remarks:
  • Sec. 17(2) PADA

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): Yes

Remarks:
  • Sec. 1(3) PADA: mandatory social selection on the basis of length of service, age, family responsibilities, severe disability.
    Note that this requirement applies to all dismissals based on urgent operational requirement notwithstanding the number of employees concerned (subject to the limitation on the scope of application of the PADA).

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • Sec. 1 (2) 1: General obligation on the part of the employer to try to avoid dismissal, by offering the employee another position (applicable also to individual economic dismissal).
    See also sec. 17(2) PADA: Alternatives to redundancies and ways to mitigate the effect are to be discussed in the framework of the consultation process between the employer and the works council.

    (Note: In undertakings with more than 20 employees, the works council can request a social plan to mitigate the effects of redundancy)

Priority rules for re-employment: No

+ show references

Definition of collective dismissal (number of employees concerned):
Within a period of 30 days:
1) more than 5 employees in undertakings with 21 to 59 employees;
2) 10% or more than 25 employees in undertakings with 60 to 499 employees;
3) at least 30 employees in undertakings with at least 500 employees.

Remarks:
  • Sec. 17 PADA

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • Sec. 17 (2) PADA

Notification to the public administration: Yes

Remarks:
  • Sec. 17 (1) PADA

Notification to workers' representatives: Yes

Remarks:
  • Sec. 17(2) PADA

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): Yes

Remarks:
  • Sec. 1(3) PADA: mandatory social selection on the basis of length of service, age, family responsibilities, severe disability.
    Note that this requirement applies to all dismissals based on urgent operational requirement notwithstanding the number of employees concerned (subject to the limitation on the scope of application of the PADA).

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • Sec. 1 (2) 1: General obligation on the part of the employer to try to avoid dismissal, by offering the employee another position (applicable also to individual economic dismissal).
    See also sec. 17(2) PADA: Alternatives to redundancies and ways to mitigate the effect are to be discussed in the framework of the consultation process between the employer and the works council.

    (Note: In undertakings with more than 20 employees, the works council can request a social plan to mitigate the effects of redundancy)

Priority rules for re-employment: No

+ show references

Definition of collective dismissal (number of employees concerned):
Within a period of 30 days:
1) more than 5 employees in undertakings with 21 to 59 employees;
2) 10% or more than 25 employees in undertakings with 60 to 499 employees;
3) at least 30 employees in undertakings with at least 500 employees.

Remarks:
  • Sec. 17 PADA

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • Sec. 17 (2) PADA

Notification to the public administration: Yes

Remarks:
  • Sec. 17 (1) PADA

Notification to workers' representatives: Yes

Remarks:
  • Sec. 17(2) PADA

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): Yes

Remarks:
  • Sec. 1(3) PADA: mandatory social selection on the basis of length of service, age, family responsibilities, severe disability.
    Note that this requirement applies to all dismissals based on urgent operational requirement notwithstanding the number of employees concerned (subject to the limitation on the scope of application of the PADA).

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • Sec. 1 (2) 1: General obligation on the part of the employer to try to avoid dismissal, by offering the employee another position (applicable also to individual economic dismissal).
    See also sec. 17(2) PADA: Alternatives to redundancies and ways to mitigate the effect are to be discussed in the framework of the consultation process between the employer and the works council.

    (Note: In undertakings with more than 20 employees, the works council can request a social plan to mitigate the effects of redundancy)

Priority rules for re-employment: No

+ show references

Definition of collective dismissal (number of employees concerned):
Within a period of 30 days:
1) more than 5 employees in undertakings with 21 to 59 employees;
2) 10% or more than 25 employees in undertakings with 60 to 499 employees;
3) at least 30 employees in undertakings with at least 500 employees.

Remarks:
  • Sec. 17 PADA

Prior consultations with trade unions (workers' representatives): Yes

Remarks:
  • Sec. 17 (2) PADA

Notification to the public administration: Yes

Remarks:
  • Sec. 17 (1) PADA

Notification to workers' representatives: Yes

Remarks:
  • Sec. 17(2) PADA

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): Yes

Remarks:
  • Sec. 1(3) PADA: mandatory social selection on the basis of length of service, age, family responsibilities, severe disability.
    Note that this requirement applies to all dismissals based on urgent operational requirement notwithstanding the number of employees concerned (subject to the limitation on the scope of application of the PADA).

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks:
  • Sec. 1 (2) 1: General obligation on the part of the employer to try to avoid dismissal, by offering the employee another position (applicable also to individual economic dismissal).
    See also sec. 17(2) PADA: Alternatives to redundancies and ways to mitigate the effect are to be discussed in the framework of the consultation process between the employer and the works council.

    (Note: In undertakings with more than 20 employees, the works council can request a social plan to mitigate the effects of redundancy)

Priority rules for re-employment: No