Works Council Separation

Works Council Separation

According to the principle of equality of arms”between workers and employers should be conferred on the line of the discussion that third person. This person may be, for example, a specialist or Executive or a lawyer or mediator. The person should have following requirements:? labour law expertise? Experience in arbitration and resolving conflicts? Ability as a mediator, to act moderator and encoder? Ability, a factual talk time and working atmosphere 6. “The separation call the rapid, consensual and silent” termination of employment must be planned carefully. The involvement of the Works Council is absolutely necessary. This is often very critical staff reductions.

Is he involved in the creative way, he also recognizes that the present solution for the benefit of the company happens. Tip: In a joint event with management and Works Council planning should be detailed and explained. “In particular, should the benefits which the silent separation” has over a normal termination variant, be discussed in detail. It is advisable, in this event already the arbitrator”to imagine, because he is the pivotal point of the future abortion. Ultimately the lengthy and costly (in the first instance in the proceedings of the working benefit also workers, them when the proposed solution as Each Party shall bear their own costs) dispute remains spared. The time gained can be used for the professional reorientation. It should be noted again: A separation of the staff would be sooner or later in any case followed. This friendly and quiet”away however offers the possibility, to snatch victory from this predicament.

The far-fetched external mediators to assist in this respect again. He should adequately take into account the legitimate interests of the employee and include its interests in the solution process. Just as a relationship of trust in the employee’s can be installed on which is essential for the consensual solution. The following flow chart to assist in the planning and execution of the separation talks. Assumed is in this overview of a larger number of necessary meetings. Schedule and preparation? A roster of employees, of which you would like to disconnect? Collection of accurate information on each one Staff? Balancing this information with the management and the personnel department? Final decision on the separation of candidates”? Possible inclusion of replacement candidates? Involvement of works councils, staff Council and other employee organisations? Notice to workers, that separation discussions through implementation? Notice the external moderator? Present: 1 staff, 1 member of the Works Council, 1-2 managers, 1 moderator? Implementation of the conversation headed the moderator? Atmosphere: quiet, daylight, drinks? Clear, unambiguous statements? Sensitive direction by the moderator? Note also the negative aspects (unemployment etc.)? Provision of assistance (application training, etc.)? Fair conditions of separation agreement? Subsequent discussions with employees and/or their legal counsel? Message to the workers of the outcome of the separation talks 7 balance sheet in good preparation and using a professional Mediator can be positive exit most of the separation talks for both parties. Through this positive consensual way of fighting in court can be avoided, the financial burden of the parties is reduced and this way has a positive effect on the working environment and the company’s image. The silent”separation benefits only and is forward-looking for the termination of employment. We wish you much success and joy at the insertion and life a positive culture of separation… Best regards Petra Dalhoff, Attorney-at-law, Dusseldorf

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