A brief shock – mass layoffs were permitted immediately after the notification was received

With the current judgment of September 13th, 2019, the Federal Labor Court has thankfully (again) caused (further) uncertainty in mass dismissals caused by the surprising decision of the lower court (LAG Baden-Württemberg, judgment of August 21st, 2018, Ref.: 12 Sa 17/18). eliminated.
As if carrying out a mass layoff wasn't already regulated strictly enough and sufficiently complicated, the LAG Baden-Württemberg had decided that the employer was only allowed to give notice of dismissals in the course of a mass layoff sign, when the mass layoff notice has been received by the employment agency. However, it was constant practice and (until then) unanimous case law that only the Access The termination must follow the receipt of the mass layoff notification by the employment agency. However, signing the termination letter was not important.
The BAG has now rejected this (also not entirely comprehensible) legal opinion of the LAG Baden-Württemberg so quickly that it was unable to cause any major waves. In its judgment of June 13, 2019 (ref.: 6 AZR 459/18), the BAG decided that the purpose of the mass layoff notification procedure was to inform the employment agency about an impending mass layoff so that it can prepare for it and adjust its mediation efforts . The mass layoff notification procedure therefore serves employment policy purposes. However, it is not intended to give the employment agency the opportunity to influence the employer's decision to terminate the contract. This means that the notification procedure differs from the separate consultation procedure with the works council. The only formal requirement for the effectiveness of a mass dismissal with regard to the notification procedure at the Federal Employment Agency is that the notification has been received by the responsible employment agency before the employee receives the notice of termination (Section 130 Paragraph 1 BGB).
Fortunately, everything remains the same. In the event of a mass layoff, the employer can prepare the dismissals to such an extent that they are ready to go. The mass layoff notice simply needs to be received by the employment agency before the notices of termination are handed over or delivered to the employees. The employer is required to provide proof of receipt of the mass layoff notification. The Federal Agency therefore recommends waiting for confirmation of receipt from the employment agency, which will issue it immediately. You certainly can't go wrong by following this advice.