Betriebsbedingte Kündigung — and how to defend against it
The employer eliminates the position for operational reasons. To be valid the dismissal must follow a proper social selection. Errors in that selection — and the offer of severance under § 1a KSchG — are the standard battleground.
A redundancy dismissal (betriebsbedingte Kündigung) under § 1 (2) KSchG is valid only if (1) an operational decision actually eliminates the workplace, (2) no comparable vacant position exists, and (3) the social selection between comparable employees correctly weighs tenure, age, dependants and severe disability (§ 1 (3) KSchG). The employer also owes a severance offer under § 1a KSchG if framed correctly — a useful negotiation anchor.
Common defence angles
Flawed social selection
The employer compared the wrong reference group, ignored relevant tenure/age weights or omitted comparable colleagues. Frequently invalidates the dismissal entirely.
Position not actually eliminated
The tasks continue to be performed — only the formal job title changed. Operational decision is then a sham.
Available vacancy ignored
The employer was obliged to offer you an alternative role on different terms (§ 1 (2) sent. 2 KSchG) before issuing the dismissal.
Mass-dismissal notification missing
For dismissals above the § 17 KSchG thresholds, prior notification to the Agentur für Arbeit is mandatory. Missing notification = invalid dismissal.
Works council not consulted
Without proper consultation under § 102 BetrVG the dismissal is invalid — a common defect.
Severance offer (§ 1a KSchG)
If the employer offered 0.5 monthly salaries per year against waiver of the claim, the offer can usually be improved through negotiation.
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Fill in the form — we will review your situation. Free of charge, typically within 48 hours. We handle German labour-law matters in English.
What happens next?
After your enquiry we review the details and reply with an initial assessment — whether the dismissal can be challenged, how high a likely severance could be and which next steps make sense.
bektas@apos.legal
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Response time: we reply within 48 hours on working days. If you have already received a dismissal, please mention it — deadline-sensitive cases are prioritised.
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