For those affected, a notice of termination with an offer of changed terms of employment may initially seem appealing. Many employees agree to such a notice, accepting a different position under new conditions, often involving salary reductions and a step down the career ladder. The fear of job loss and the associated uncertainty of having to reorient themselves in the job market often drive employees to make this decision. However, it is often overlooked that a notice of termination with an offer of changed terms is not always the only, let alone the best, option for the individual concerned.

Generally, with a notice of termination with an offer of changed terms, the employee moves to a different position within the company. Their existing contract is terminated, while a new one is simultaneously concluded within the same company (though, as mentioned, usually under altered conditions).

From an employment law perspective, there are several important aspects to consider regarding notices of termination with an offer of changed terms. Employment law grants employees comprehensive protection against notices of termination with an offer of changed terms, similar to that against operational redundancies. Therefore, in each individual case, it is crucial to examine the options available to an employee when faced with such a notice.

Contact one of our employment law attorneys if you receive a notice of termination with an offer of changed terms. For any potential unfair dismissal claim, a strict three-week deadline applies, making prompt action essential. We will assess, from the employee's perspective, whether the termination is legally sound and if any claims may arise for you.

• Have you received a notice of termination with an offer to change your employment terms?
• Are you concerned about receiving a notice of termination with an offer to change your employment terms?

Process and Support

• Initial consultation with a lawyer to discuss the next steps with your employer or employee.
• In-depth consultation after determining individually set objectives.
• Reviewing a notice of termination with an offer to change your employment terms based on legal principles.
• The option to file an unfair dismissal claim with the aim of having the labor court declare the termination invalid.
• Two phases: out-of-court and in-court proceedings.

Goals and Prospects of Success

• Determination of the termination's invalidity.
• Continuation of the employment relationship.
• If applicable, agreement on severance pay during the conciliation hearing before the labor court
• Safeguarding wage entitlements.

Time Commitment and Duration of Proceedings

• Consultations are available at any time and on short notice.
• Detailed consultations, including written expert opinions, are available by arrangement.
• 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 a contentious legal process (which should ideally be avoided) is largely determined by the courts and often spans several months.

Costs and Fees

• An initial consultation for consumers is available for a maximum of Euro 190.00 plus statutory value-added tax.
• Further, including written, consultation and representation depending on the scope, complexity, and significance for the client.
• For court representation, billing is based on the Lawyers' Remuneration Act (RVG) or a flat fee agreement, with an early assessment of the anticipated cost risk.
• Out of court and in the first instance before the labor court, each party bears its own legal representation costs.
• Legal protection insurance policies generally cover the costs.
• In cases of financial hardship, it is possible to apply for legal aid.