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Emergency

Termination with a change of terms: accept worse conditions or sue?

With a termination with a change of terms, the employer terminates your employment relationship and at the same time offers to continue it under changed, usually worse, conditions (e.g. less pay, a different location). You have three options: accept, reject or accept under reservation.

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Your chances of getting your money back

You can accept the change 'under reservation' and at the same time sue over whether it is socially justified (§ 2 KSchG). That way you do not risk your job and still have the worsening reviewed.
You must declare the reservation within the notice period, at the latest within three weeks of receipt, and likewise file the lawsuit on time. If you miss this, the worse conditions apply.

What you should do now

  1. 1

    1. Record the offer and deadlines

    Note the date of receipt, the new conditions and the notice period. Tight deadlines are running.

  2. 2

    2. Accept under reservation

    Declare in writing on time the acceptance 'under the reservation of social justification'. That way you remain employed.

  3. 3

    3. File the change-protection lawsuit

    File the lawsuit within three weeks of receipt, so that the court reviews whether the change is justified.

  4. 4

    4. Seek advice

    Whether to accept, reject or use the reservation has consequences. Seek advice before the decision.

How to spot the scam

  • You are supposed to accept a clear pay cut or transfer immediately.
  • It is suggested that you would just have to 'sign'.
  • The short 3-week deadline is not mentioned.

Frequently asked questions

What is a termination with a change of terms?

A termination combined with the offer to continue the employment relationship under changed conditions. You can accept, reject or accept under reservation and have it reviewed in court (§ 2 KSchG).

What does acceptance under reservation mean?

You continue working under the new conditions but have it clarified in court whether the change is socially justified. That way you do not risk the job and can still challenge the worsening.

What deadline must I observe?

You must declare the reservation on time (within the notice period, at the latest three weeks after receipt) and likewise file the lawsuit on time. Otherwise the changed conditions apply definitively.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.