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Kündigung operating account of the disappearance of the workplace

The Federal Labour Court in a decision of 05.06.2008 made that a proper termination notice is excluded by the employer under the principle of proportionality, when the possibility of keeping on workers on another free workplace.



This free workplace must the employee shall be reasonable and the employee must be able to respond to appropriate adequate training time requirements of the new job. at the time of termination access no free workplace is more available because the employer that is otherwise occupied before notice of dismissal, then the employer can not to the absence of alternative employment opportunity in the time of termination invoked when this omission was brought in bad faith.



Conclusion: The notice of amendment has precedence over the termination notice!