As part of restructuring associated with staff reductions in some employer and works frequently on the formation of so-called transfer companies to avoid the threat of unemployment of workers or delay. This usually takes place so that employees terminate their employment with the employer by a termination agreement, while a fixed-term contract with the transfer company to complete. The object of the transfer company is to qualify the workers and to make the transition into a new employment relationship. This task is performed by the Federal Employment Agency with the so-called time allowances (§ § 216 a and 216 b SGB III) financed (with).
By law come into force on 1.1.2011 to improve employment opportunities in the labor market - employment opportunity law - from 10.27.2010 (Federal Gazette p. 1417) - is the Federal Employment Agency is now entering a crucial role to this procedure. While it was previously gem. § 112 WCA has always been possible to include the federal agency in the negotiations for a balance of interests and social plan, this is now a prerequisite for the granting of transfer payments. Employer and the works have to be discussed during the negotiations by the federal agency, otherwise not granted time allowances and no measures are encouraged. The deciding factor is - as is provided for the participation of the works - is that the involvement of the federal agency at a time in which they can still exert influence on the outcome!
More questions this, please contact:
Petra Ahlburg
specialist in labor law
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