What you can do in the case of an operational change
Companies change. Departments will be closed, outsourced or merged; usually for economic reasons. This can unsettle executive employees. Therefore it is important to know your rights during a restructuring.
The initial representation of your interests
In a restructuring process, the initial question is whether or not an operational change is occurring, which in turn depends on the nature and extent of the restructuring. An operational change can be assumed when a company is to be divided, or operating units are to be decommissioned entirely. In the case of an operational change your interests will be represented by the representative body for executive staff, if one is elected in the company in question. The employer has to at least negotiate with this committee about compensation for disadvantages (relocation allowance, severance pay, etc.) In some cases the employee representative committee will reach an agreement with the employer from which you will benefit as well. In comparison to employees, represented by the employee representative committee, you as executive employee enjoy less collective protection. This is because the employer only has to negotiate with the representative body for executive staff, but not reach an agreement. As initial competent person to contact, we gladly stand at your side.
Negotiate independently and effectively
Irrespective of the representative body for executive staff, you can become active on your own behalf. If you are to be transferred, for example, this can only be done in accordance to the terms of your employment contract. The new job must be consistent with that. In addition, not just further employment with the company, but also potential payment of compensation claims can be discussed individually with the employer. Basically: The conversation on level terms is facilitated by your special position– therefore seek contact. To assure a sovereign appearance before your employer, use our law firm’s qualified support. We will advise you extensively as well as according to your interests and will, upon request, negotiate with the employer.
What you should consider when given notice
A dismissal is precarious, because of the considerable economic consequences associated with it. This is just as true for executive employees, as it is for every other employee. As executive employee you enjoy general dismissal protection, however with less provision made to safeguard existing standards. Concretely this means that, the employer can terminate the employment against payment of severance pay, even if the court has ruled the dismissal to be void. Therefore as executive employee an amicable agreement can be the better alternative to a dismissal protection suit. Nevertheless, a dismissal protection suit does have a decisive advantage: It prevents the automatic effectiveness of an unlawful dismissal. For if a dismissal, even an unlawful one, is not challenged by a dismissal protection suit it becomes valid. Important: A dismissal protection suit has to be filed within 3 weeks of receiving written notice. In addition other individual rights can only be claimed within a couple of days of termination. In cases of dismissal we therefore guarantee an appointment within 48 hours.
Restructurings are not necessarily a disadvantage. However, if you think your job is in danger or you feel disadvantaged, then you should act. Seek a dialogue with the representative body for executive staff. To make effective use of your rights, our specialized labor law firm is here for you and offers comprehensive advice on your options.
What is the best negotiation strategy? How to meet a dismissal head on?