Skip to main content Skip to page footer

Termination with an offer to change employment terms

A notice of change to employment terms can be issued if the employer wishes to continue the employment relationship with the employee only under altered conditions. We can advise you on the potential challenges involved.

Notices of change to employment terms should be treated similarly to notices of termination.

A notice of change to employment terms is relevant when you, as an employer, wish or need to continue an existing employment relationship with your employee only under altered conditions. This is where the so-called notice of change to employment terms comes into play, where a termination is issued, but simultaneously a new position within the company is offered.

This is often a necessary step during difficult economic situations or a restructuring within the employer's company. However, the notice of change to employment terms involves a series of legal requirements. To avoid costly errors, contradictions, or even labor court proceedings, employers should seek legal support when issuing notices of change to employment terms, for example, during a restructuring.

An essential component of a notice of change to employment terms is the declaration of termination and the offer of the new position, along with the associated working conditions. The employee must be given the opportunity to understand the changes and to accept or reject the offer within a three-week period. If the employee rejects the offer, the employment relationship is considered terminated upon the expiry of the notice period. Despite rejection, employees are free to file a claim against unfair dismissal. Employers should therefore be adequately prepared legally.

Our labor law attorneys will diligently assist you in implementing planned changes to employment conditions in the form of a notice of change to employment terms, providing guidance during preparation and execution, and – if necessary – representing you in court.

Are you considering a notice of change to employment terms?

  • Is the existing employment relationship no longer compatible with the current situation?
  • Do you wish to issue a notice of change to employment terms?

How We Can Assist You.

Process and Support

  • Initial consultation, including discussion of the next steps concerning the employee
  • Detailed advice once individual objectives have been established
  • Reviewing or drafting a notice of change to employment terms in accordance with legal requirements
  • Representation in the context of a claim against unfair dismissal filed by the employee, with the aim of having the labor court determine the validity of the termination

Goals and Prospects of Success

  • Out-of-court settlement of the matter
  • If applicable, agreement on severance pay during the conciliation hearing before the labor court
  • Determination of the validity of the termination

Time Commitment and Duration of Proceedings

  • Consultations are available at any time and on short notice.
  • The duration of an unfair dismissal lawsuit is largely determined by the courts; a conciliation hearing for swift dispute resolution is usually scheduled within two to six weeks.
  • The duration of contentious proceedings is largely determined by the courts, often lasting several months.

Costs and Fees

  • Initial consultation in straightforward cases is available for Euro 190.00 plus statutory value-added tax
  • For our advisory services, we offer time-based billing.
  • For litigation representation, fees are incurred at least according to the Lawyers' Remuneration Act.
  • For ongoing consultation, we naturally offer flat-rate fees. For individual projects, we also establish remuneration systems with you that can be tailored to your specific needs, combining fixed-rate components with variable elements such as time spent.

Your Contacts for Labor Law Matters