Legal questions about dismissal and reorganization


Questioner

The company I work for has undergone a reorganization and I have been given a social plan under which I have been declared redundant, a family business takes over and hires another company to fill my position, and now my question is: Is this allowed?

Lawyer

This cannot simply be answered with yes or no. In principle, dismissal due to transfer of undertaking is not permitted, but there are exceptions to this. It would go too far to mention all of this here, especially since this depends very much on the circumstances of the case and is also legally quite complex. By the way, you say that there is a social plan. Has this been agreed with the unions? If not, then a judge will not be bound by it so quickly. In this situation, I think it would be very wise to have an employment lawyer look at your case. If you have more concrete information, I would be happy to look at your case - without obligation - and give you some more advice.

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