Federal Labor Court on the target information in a mass layoff notice

May 29, 2022

The Federal Labor Court has Judgment of May 19.05.2022, 2 (case number: 467 AZR 21/XNUMX) decided that the lack of the so-called target information (gender, age, occupation and nationality) of the Section 17 Paragraph 3 Sentence 5 KSchG in itself does not lead to the ineffectiveness of the mass layoff notice.

1. FACTS

The defendant employer regularly employed more than 20 and fewer than 60 employees in his company. In the period from June 18.6.2019, 18.7.2019 to July 17, XNUMX, the employer terminated a total of XNUMX employment relationships.

The plaintiff employee asserted in her dismissal protection claim: The termination was after Civil Code § 134 void. Because the employer did not provide the information in the mass layoff notification to the Federal Employment Agency Section 17 Paragraph 3 Sentence 5 KSchG filled out (age, occupation, gender, nationality).

Both the labor court and the state labor court considered the dismissals to be ineffective due to incorrect notification of mass layoffs.

2. DECISION

The Federal Labor Court initially viewed certain parts of the facts as not sufficiently established. It would not be possible to assess whether the employment relationship in question was terminated as part of the notice of mass layoffs. Because after Section 17 Paragraph 1 No. 1 KSchG The employer must have terminated more than five employees within 30 calendar days. However, the period mentioned above has 31 calendar days.

In any case, the termination is not over Civil Code § 134 void just because the defendant company provided the information Section 17 Paragraph 3 Sentence 5 KSchG have made. According to the clear intention of the legislature, a violation of the regulation does not lead to the invalidity of the collective layoff notice. National courts are also not allowed to override such an expression of the legislature's will by interpreting it in accordance with the directive.

3. CONCLUSION AND RECOMMENDATION FOR ACTION

Any relief for companies from “unnecessary” formalities in the separation process is a relief. The decision is therefore to be welcomed. However, companies should continue to exercise the greatest possible care in formalities in major downsizing scenarios.