Dismissal for operational reasons ineffective in the case of permanent employment of temporary workers
As an employee, dismissal for operational reasons is often like a slap in the face. Fears about the future are often mixed with a feeling of powerlessness. Many dismissals, including dismissals for operational reasons, are legally contestable. On 2 September 2020, the Cologne Regional Labour Court (LAG) ruled in favour of an employee who took legal action against his dismissal for operational reasons. The ruling was based on the fact that the employer employs temporary workers on a permanent basis. We have summarized the facts of the case and the ruling for you.
Important for you as an employee: Do not simply accept dismissals. Seek detailed advice from an employment lawyer about your options. Dismissals can often be averted or at least lucrative severance payments can be negotiated.
Contact the law firm Haas und Kollegen now:
Rudolf-Diesel-Str. 5, 65760 Eschborn near Frankfurt
Facts of the case against dismissal for operational reasons
A 29-year-old employee and his employer disputed the validity of a dismissal for operational reasons before the Regional Court of Cologne. The dismissal was issued by the employer, an automotive supplier. The employee took legal action against this.
The plaintiff was initially employed by the defendant on a temporary basis from October 1, 2015 to April 30, 2017 and has worked in a permanent position in the company's production department since September 18, 2017. The defendant dismissed the employee in the form of a letter on 26.6.2019, citing operational reasons.
In June 2019, the automotive supplier employed a total of 106 employees and six temporary workers. The defendant stated in the lawsuit that the temporary workers were employed to replace permanent employees who were temporarily absent. The plaintiff was of the opinion that the company could continue to employ him in a vacant position where temporary workers had previously been deployed and applied for the dismissal to be declared invalid. Furthermore, he requested that the defendant continue to employ him in production on the old conditions beyond the expiry of his notice period until the legally binding conclusion of his dismissal protection proceedings.
The automotive supplier requested that the action be dismissed. The dismissal was socially justified for operational reasons. In advance, the production volume of vehicles was reduced from 1300 to 1150. This would no longer require 74 employees, but only 66 per shift. It had been agreed with the works council that a total of six employees would be laid off. With regard to the temporary workers, the defendant stated that they were only used for staff representation and that the social selection was carried out properly in accordance with a points procedure approved by the Federal Labor Court (BAG).
The judgment before the Cologne Regional Labor Court
In its ruling of 2 September 2020, the Cologne Higher Labor Court largely upheld the employee's claim and declared the dismissal invalid. However, continued employment of the plaintiff, which was demanded "under unchanged working conditions" in production, was rejected.
In its reasoning, the court stated that the plaintiff could certainly continue to be employed in a workplace instead of a permanent temporary worker. These were to be assessed as vacant jobs. After inspecting documents relating to the temporary workers, the court established in the course of the ruling that the temporary workers were not, as stated by the automotive supplier, a personnel reserve to cover for substitutes.
The temporary workers had been employed on an ongoing basis and had not been used specifically as a personnel reserve for a replacement requirement. As employees were repeatedly absent from the company, according to the court, there was no fluctuating work volume of the temporary workers, but a constant base work volume. The factual reason cited by the employer for the temporary replacement of employees by temporary workers was therefore not present according to the court.
Lawyer for employment law in Eschborn near Frankfurt
Have you received a notice of termination or do you need a lawyer for employment law? As an experienced law firm, our lawyers are at your side and will find the best solution for your problem.
Contact the law firm Haas und Kollegen now:
Rudolf-Diesel-Str. 5, 65760 Eschborn near Frankfurt
