Der nachträgliche Wegfall des Arbeitsplatzes als Einwendung

The right to continued employment is designed to protect employees and is of great practical importance. In practice, employers frequently try to refuse to satisfy this right within the framework of foreclosure proceedings by arguing that they were unable to satisfy an employee’s right to continued employment because their job no longer existed. This work illustrates whether and under which conditions the loss of a job in this way can justify either such reasoning according to section 275, para. 1 of the BGB, Germany’s civil code, or the right to refuse an employee’s services according to section 275, para. 2 or 3 of the BGB. The book deals with the various ways an employer can be released from the obligation of offering continued employment under the BetrVG, the German Works Council Constitutional Act, pursuant to section 102, para. 5, No. 1–3, and it describes in detail under what conditions an employee can be adjudged to be an economically unreasonable burden pursuant to section 102, para 5, No. 2 of the BetrVG.