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Mass layoff: notification duty and your rights

In larger waves of dismissals, the law protects employees through special procedural duties. The employer must notify a mass layoff to the Employment Agency and involve the works council. Errors in this procedure can make dismissals invalid.

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If the number of dismissals within 30 days exceeds certain thresholds, a notifiable mass layoff exists (§ 17 KSchG). The employer must inform the Employment Agency and carry out a consultation procedure with the works council.
If the notification or consultation duty is breached, the dismissals issued may be invalid. A protection-against-dismissal claim within three weeks secures your rights.

What you should do now

  1. 1

    1. Check the thresholds

    See whether the number of dismissals reaches the threshold values of § 17 KSchG.

  2. 2

    2. Question the procedure

    Clarify whether the works council and Employment Agency were properly involved.

  3. 3

    3. Meet the deadline

    File a protection-against-dismissal claim within three weeks of receiving the dismissal.

  4. 4

    4. Seek advice

    Have the validity of the dismissal and possible severance checked.

How to spot the scam

  • Mass dismissals are made without the works council having been involved.
  • The three-week deadline for the claim expires unnoticed.
  • Employees hastily sign cancellation agreements.

Frequently asked questions

What is a mass layoff?

A mass layoff exists when an employer dismisses a certain number of employees, dependent on the company size, within 30 days (§ 17 KSchG). Then special notification and consultation duties toward the Employment Agency and the works council apply.

What happens with errors in the procedure?

If the employer breaches the notification or consultation duty, the dismissals may be invalid. But this can only be asserted with a timely protection-against-dismissal claim, within three weeks of receiving the dismissal.

Do I get severance in a mass layoff?

There is usually no automatic entitlement. Severance often results from a social plan, a reconciliation of interests or a settlement in the protection-against-dismissal proceedings. Whether and how much depends on the individual case.

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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.