More and more frequently, companies are making redundancies due to the difficult economic situation in Germany. But under which conditions is a dismissal for operational reasons legally feasible? And are dismissals for operational reasons due to the Corona crisis possible?
A dismissal should always be the employer’s last resort. Therefore, the employer is required to first think about alternatives. Such alternatives include federal financial aid or the temporary introduction of short-time work. In a dismissal protection lawsuit, labor courts examine possible alternatives in the context of the proportionality test to see whether they would have provided a milder remedy that would also have been suitable to save the company. Nevertheless, dismissals for operational reasons due to the Corona crisis are not excluded in principle.
Short-time work and dismissal for operational reasons
Both the introduction of short-time working and the pronouncement of compulsory redundancies are measures to adjust the volume of labor available in a company to a reduced demand. However, the two instruments differ in that short-time working is intended to compensate for a merely temporary lack of work, while compulsory redundancies are pronounced when the need for work is permanently eliminated. Consult with a Lawyer in Berlin, Germany