Ahead of Mass Layoffs: ECJ Confirms Employer's Obligation to Notify Agency - CJEU Strengthens German Employee Dismissal Rights
The Court of Justice of the European Union (CJEU) has issued a ruling that strengthens employee protection in Germany. Employers with 20 to 60 employees must now follow specific procedures before dismissing more than five workers within 30 days from today.
Previously, employers could retroactively notify the Federal Employment Agency, making dismissals effective 30 days later. However, the CJEU has ruled that this practice is no longer acceptable. The court emphasised that employers must consult the works council and notify the agency before dismissals, not after.
The ruling aims to uphold the procedural safeguards intended by lawmakers to protect employees. It ensures that workers and their representatives have a say in the dismissal process and are not left in the dark. The CJEU's decision aligns with Germany's labour laws, which require employers to involve the works council in such matters.
The CJEU's ruling reinforces employee rights in Germany. Employers must now comply with the notification requirement before dismissing more than five workers within 30 days from today. This change ensures transparency and involvement in the dismissal process, providing better protection for employees.
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