Keyword: Federal Labor Court Substitution of consent

Federal Labor Court on internal job advertisement during consent substitution proceedings

In a decision dated October 11, 2022 (Ref.: 1 ABR 16/21), the Federal Labor Court ruled that an internal job advertisement cannot be made up for during consent substitution proceedings pursuant to Section 99 (4) BetrVG. Rather, at the request of the works council, employers must first advertise all vacant and open positions internally within the company before the works council is asked to give its consent. 1. facts of the case [...]