Ford Works Cologne
Notice of termination or termination agreement received?

A business decision is a decision made by a business owner or management to manage and control the business. This can include decisions about production, finance, human resources, and marketing. Legally, a company usually has the freedom to make such decisions as long as they are within the applicable law and regulations of the country.

A company's freedom with respect to business decisions generally includes the ability to make decisions that serve the company, regardless of the impact on employees or other parties. For example, a company can make decisions that result in the elimination of jobs if it is necessary for the business.

With regard to social selection in the workplace, there are regulations in Germany and other countries that prohibit companies from making decisions based on certain characteristics such as age, gender, ethnic origin or religion. Companies must comply with these regulations when making decisions that have an impact on employment, such as dismissals or hiring.

In Germany, there are statutory regulations that provide protection against dismissal for employees in the event of mass redundancies. These regulations apply if a company plans to lay off at least 30 employees within 90 days. If a company wants to change its location, this may constitute a mass layoff that falls under these regulations.

This means that the employer must take certain steps before carrying out the redundancies, such as calling a works meeting, drawing up a social plan and informing and consulting the employee representatives. In addition, there is also an obligation to notify the employment office.

However, there are also exceptions to this protection against dismissal, for example if the change of location is unavoidable for economic reasons and other measures, such as operational restructuring, have been exhausted.

However, it is important to note that there may also be other regulations and agreements between employees and employers that provide additional protection against dismissal for employees when a business changes location. It would therefore be advisable to contact an employment lawyer for more information on this.