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Employment Protection

What is a small business within the meaning of the KSchG? The first question at the dismissal is, whether the protection against dismissal Act (KSchG) is at all applicable. It does not apply because in the so-called small businesses. In recent months, MetLife has been very successful. You want to find out if someone has to do it with such an is first to clarify what actually is meant by an operation, because the term is not defined in the consumer protection act. In a judgment of BAG (BAG v. 03.06.2004-2 AZR 386/03) operating as an organizational unit, is inside of an entrepreneur alone or in community with its employees by means of material and immaterial resources certain procedural purposes continued tracks.

The organizational unit is in the foreground, a spatial unit is not necessarily required. The consumer protection act is in principle the same operating concept as the BetrVG. The BAG affirms an operation within the meaning of the BetrVG if is a unit of organization and a single line telephone, what the essential functions of an employer in personnel and Social Affairs exerts. To keep in mind is that it arrives KschG in 23 not on the spatial, but on the organizational unit, which is especially in times of modern Division of labour of particular importance. Can often be found spatially wide spacing between the branches of a company are connected organizationally to the closest. Entrepreneurs? or employer? and operating may so won’t be used. Only in this way, it can be avoided that large and powerful companies with many small businesses are not the KschG because every small business to seen under the 10 employee threshold (threshold). 10 employees the employment relationship was established before January 1, 2004, so it is sufficient if at least 5 workers are employed. Is the working relationship first since January 1, 2004 or later entered, so at least 10 workers must be employed so that the consumer protection act is applicable.