Caution with the notification of mass dismissal!

Are other employee representatives to be involved in the consultation procedure in addition to the works council?

In its ruling of July 11^th, 2019 (Case No. 21 Sa 2100/18), the Berlin-Brandenburg state labour court (LAG Berlin Brandenburg) declared the dismissal of a severely disabled employee for operational reasons as part of a mass dismissal in insolvency (Air Berlin) invalid, among other reasons, because the employer had involved the works council in the consultation procedure, but not the Body for Severely Disabled Employees.

On 20.08.2019, the Second Civil Senate responsible for Corporate Law published the reasons for a resolution of 25.06.2019. (file no. II ZB 21/18). Accordingly, temporary agency workers who are employed on a permanent basis must also be counted when determining the threshold value of employees for a supervisory board with equal representation of shareholders and employees.