Change notice and the most important deadlines Labour Attorney Berlin
A notice of termination due to a change of employment entails several options for employees. Depending on which option you choose, you must observe different deadlines.
What is a change notice? Notice periods for a change notice Deadlines for acceptance of the offer of change Deadline for acceptance without reservation Deadline for acceptance with reservation Periods for filing a complaint in the event of a notice of termination due to a change Deadline for notifications to the employment office after notice of termination due to a change in the employment relationship Conclusion What is a change notice?
With the help of a change notice, the employer wants to urge you to agree to changed working conditions.
A change notice consists of two elements:
On the one hand, the termination of the previous employment relationship for personal, behavioral or operational reasons and on the other hand, the offer to continue the employment relationship under changed (worse) conditions.
This change can be, for example, a reduction in salary or a change in the place of work.
If you receive a change notice, you have four options:
You can accept the change offer without reservation. You will then continue to work under the new working conditions. You can accept the change offer with reservations, continue to work under these conditions and have the change reviewed by the courts. To do this, you must file an action for protection against change after declaring the reservation. Depending on the outcome of the court proceedings, you will then continue to work under either the old or the new working conditions after the ruling. You can reject the offer of change, in which case the notice of termination becomes a termination notice. The employment relationship is therefore terminated. However, you can have the termination reviewed by means of an action for protection against dismissal and, if necessary, save your job under the old conditions. However, you can also reject the offer of change, accept the termination and look for a new job. Periods of notice in the event of a notice of termination with notice of change
Once notice of a change has been given, the employment relationship does not end from one day to the next. The new conditions also do not take effect immediately. First, the notice period expires.
The notice of change is essentially an ordinary notice of termination. For this reason, the same notice periods apply. These result from the employment contract or the collective agreement. If no periods are specified there (as is so often the case), § 622 BGB applies. In principle, the notice period is therefore four weeks. It is extended depending on the duration of the employment relationship as follows:
2 years of service: 1 month notice period 5 years of service: 2 months' notice 8 years of service: 3 months' notice 10 years of service: 4 months' notice 12 years of service: 5 months' notice 15 years of service: 6 months' notice 20 years of service: 7 months' notice
A probationary period is usually agreed for the first six months. During the probationary period, the notice period is only two weeks and notice can be given on any day. In addition, there is special protection against dismissal for certain groups of people, such as pregnant women, severely disabled persons and members of the works council. In some cases, a different notice period applies to them. In addition, extraordinary termination without notice can be given in particularly serious cases.
Important: In the case of dismissal with notice of change, the notice period not only affects the possible end of the employment relationship. The change in working conditions may also take place at the earliest after the expiry of the notice period. Der Arbeitgeber Kündigt
Acceptance periods for the offer of change
If you do not want to risk losing your job under any circumstances, you should accept the offer of change with reservations. In doing so, you must observe the following deadlines:
Deadline for acceptance without reservation
Your employer can specify the period within which you must accept the change offer with the change notice. However, since he must not put you under undue pressure, this period must be at least three weeks.
If your employer specifies a shorter period, this is invalid and the three-week period still applies. To meet the deadline, you must declare your acceptance in good time.
Deadline for acceptance with reservation
You must declare the reservation within three weeks.
You can also do this directly in the statement of claim for protection against change. To do this, you should consult a specialist attorney for employment law.
Problem: Then the action must be served within 3 weeks.