[co-author: Maximilian Gössling]
A recent Federal Labor Court (Bundesarbeitsgericht (BAG)) decision addresses whether slightly overstating employee numbers in a mass layoff notice under Section 17 of the German Protection Against Dismissal Act (Kündigungsschutzgesetz (KSchG)) can invalidate the resulting terminations.
Quick Hits
The Case
The employee worked as a machine setup technician and operator for a key manufacturer and machine builder. The employer became insolvent in November 2024. The insolvency administrator decided to shut down operations and terminate the employment relationships of all employees. In February 2025, a reconciliation of interests was concluded with the relevant works council. Subsequently, a mass layoff notice was filed with the Employment Agency (Agentur für Arbeit). After the Employment Agency received the notice, the employer terminated the employee’s employment relationship, among others. The notice of mass layoffs stated that thirty-four layoffs were to be carried out. In fact, however, thirty-one or thirty-two terminations were issued.
The employee challenged the termination, arguing that the termination was invalid because, during the proceedings under Section 17 KSchG, contradictory...
"Saw people on Facebook, including doctors, warning that statins cause dementia. Then I googled it and found an NIH-listed study that says the opposite. It's so difficult to know what to do with o...