You can reduce your workforce in a targeted manner through individual terminations of employment contracts. Terminations are only possible for two reasons, behavioral or operational. Both options require that certain conditions be met. When terminating employment contracts, you can make many formal mistakes that render your terminations ineffective and leave “scorched earth” behind. To avoid such often avoidable mistakes, it is better to involve experienced employment lawyers in the termination process at an early stage.
Dismissals for operational reasons must be socially justified in accordance with the Dismissal Protection Act. Therefore, a social selection must be made for terminations for operational reasons, the criteria for which are specified by law: These are age, length of service, maintenance obligations and possible severe disability. A points system is to be negotiated in which the weighting of these criteria is agreed.
In cases where many jobs are to be eliminated, a reconciliation of interests and social plan must be used.
In each country, the local regulations should be applied.