Die betriebliche Mitbestimmung im Zusammenhang mit Transferleistungen nach §§ 110, 111 SGB III

Measures supporting employment for employees who lose their jobs due to a change in the company or who are not taken on at the end of their vocational training are eligible for funding through transfer payments under Sec. 110, 111 of the Third Book of the Social Code (SGB III). The payments are tied to conditions that must also be fulfilled by employers alone and in cooperation with works councils. The author examines which participation rights works councils are entitled to in this context. In particular, the question arises if employers can be obliged to fulfil the conditions. The author comes to the conclusion that this is possible in social plan proceedings and shows when the conciliation board must establish a transfer social plan.