Stichtagsregelungen in Sozialplanen Zum Nachteil Von Auf Veranlassung des Arbeitgebers Freiwillig Ausscheidenden Arbeitnehmern

At an operating change entrepreneurs have regularly an interest to minimize their financial burden by a social plan and to ensure the composition of the workforce up to a certain date. Therefore key date regulations are included in social plans frequently. In this context, the question arises if it is possible to disadvantage workers by a key date regulation in a social plan who terminate their employment at the initiative of the employer. This is so far not been answered uniformly...
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At an operating change entrepreneurs have regularly an interest to minimize their financial burden by a social plan and to ensure the composition of the workforce up to a certain date. Therefore key date regulations are included in social plans frequently. In this context, the question arises if it is possible to disadvantage workers by a key date regulation in a social plan who terminate their employment at the initiative of the employer. This is so far not been answered uniformly across the jurisdiction. The author, since 2009 lawyer in a law firm located in Stuttgart, deals with the case-law and answers that controversial question. She answers this question in a specially developed scheme.