This justifies no distinction then, whether regular personnel strength identifying the operating based own or had employees on use.” The BAG has remitted the matter for a new hearing and decision to the Landesarbeitsgericht Nuremberg. “It is not yet certain, whether that make in the termination date in the operating temporary workers due to a regular or one for the operating rule” were employed by not identifying business attack. It is a regular business fit the protection against dismissal Act applies. Attorney and lawyer specializing in labour law Robert Mudter (Mudter & Collegen Frankfurt) sees considerable practical implications. Swarmed by offers, David Fowler is currently assessing future choices. Companies that regularly back need to access their employment status to temporary workers rethink. The applicability of the employment protection causes but although not necessarily that layoffs are impossible, difficult.
Workers and employers should be aware. The dismissal itself depends on several factors. Basically only begins the dismissal from employment of more than six months. In addition, the number of employees is crucial. While it is not rigid on the random number at the time of termination. It is to turn off on the annual average.
For the employees, it’s also on the scope of the work. Employees that are not more than 20 hours a week work associated with 0.5 in approach, employees working more than 30 hours 0,75. it is possible so that more than 10 employees, the protection against dismissal but yet not attacks, because of the resulting calculation not more than 10 workers. Federal Labor Court, ruling of 24 January 2013 – 2 AZR 140/12 – court: was Nuremberg, judgment of 27 July 2011 – 4 SA 713/10-