Industrial law: No inadmissible exchange notice, if work is performed in the future by honorary forces

Martin J. Warm, attorney // specialist lawyer for tax law // specialist lawyer for industrial law/lawyer for the middle class in Paderborn (openPR) - the Higher Labor Court Hessen decided recently a case, in which to a coworker one quit, because its work should be performed in the future by honorary forces. If the business decision is made to use in the future honorary forces instead of occupying the place as before in the context of an employer-employee relationship, is this no inadmissible exchange notice. Also the honorary forces receive a certain remuneration, but it does not take place misalignment active volumes on again adjusted employees. The occupation need falls (WAS APPROPRIATE Hessen, 3-Sa-145/05, judgement of 28.11.2006; Procedure course: ArbG Frankfurt/Main 4 approx. 11455/03). The senate argues among other things as follows: After constant iurisdiction of the Federal Labor Court the inside or nonly-operational results arranged requirement for a notice in all rule by certain economic developments not directly and alone separates due to one from economic or technical developments decision arranged of the employer (business decision). This decision justifies an urgent operational requirement in the sense § of the 1 exp. 2 KSchG, if it affects the application type of the quit employee concretely. Sufficient it is to that extent that from the business organization decision an overhang at workers resulted and thus directly or indirectly the need is void for the continued employment of the individual employee or several employees. If the operational circumstances did not drive to a reduction of the active volume in the enterprise, then no urgent operational requirement is present for the completion of an employer-employee relationship. A business organization decision can lie not only in (around) an organization of the operational sequences but also in it to specify with which strength of the staff of the enterprise in the future the company target is to be achieved and/or which capacity on workers who can be used and their work time be reproached must. Footstep by such a organization decision an achievement compression, is intended this as concept. The changes and work intensifications necessarily becoming thereby within the work time must be taken by the remaining employees in purchase. Because the rational employment of the personnel is alone thing of the employer and its business decision. The notice is not therefore unjustified as so-called exchange notice socially, because the work implemented so far by the plaintiff is to be implemented now by honorary auxiliary workers. In connection with the assignment from so far work to another enterprise, accomplished in the enterprise, it is recognized that these work the other enterprise will transfer for independent execution must. Otherwise such an organizational organization does not lead to the omission of the past operational jobs. Rather an inadmissible so-called exchange notice is present. Therefore it does not go here however. The deplored one made the business decision, separates so far the work performed by the plaintiff in the context of an employer-employee relationship in the future no more in the context of an employer-employee relationship by honorary forces to perform. Also the honorary forces receive a certain remuneration (€ 8.00 per hour), which is altogether limited however related to the calendar year on € 1,800, 00. Besides the honorary forces are not subject to the management right of the deplored one. It cannot instruct it on one side to do on a certain day service. There the active volume of the plaintiff is shifted not on others - again adjusted - employee, is not present an exchange notice not. (Source: Lexinform)

Communicated of: Attorney TEAM.de warm & Kanzlsperger in Paderborn, attorney Martin J. Warm, Fachanwalt for industrial law, specialist lawyer for tax law, lawyer for middle class and economics www.rechtsanwalt-in-paderborn.de; www.rechtsanwalts-TEAM.de

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Attorney
Martin J. Warm

Specialist lawyer for tax law
Specialist lawyer for industrial law

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Corporate law. Enterprise right.
Industrial law. Treaty right. Commercial law

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Attorney TEAM.de warm & Kanzlsperger in Paderborn - lawyers for the middle class in private law and commercial law - a modern law office with emphasis industrial law for employee, industrial law for employer, bank right, labor management relations right, vomit, non-profit character right, managing director, corporate law, GmbH right, commercial law, collection right, EDP right, insolvency law, IT-right, capital investor protection, limited partnership, protection against dismissal law, right for operational age precaution (bAV), reorganization right, tax law, steering wheel meeting right, law on societies/donation right, treaty right, enterprise right, commercial law.

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