The city BKK is closed in accordance with decision of the Federal Insurance Office (BVA) the 2011 lawyer specializing in labour law Alexander Bredereck to close the city BKK, the terminations associated and their consequences for the workers concerned. At present, many employees receive a termination. The employees affected not by a notice be placed in other funds. Overall, about 400 employees of the city BKK are affected by the closure. Which dismissal employees who they can hope on a severance package? Can you resist a transfer? How do you deal with loss of pay? Workers who have received a termination, must submit this within three weeks after dismissal claim with the competent labour court, as far as the labour jurisdiction is responsible. Who the deadline misses has hardly prospect himself successfully against the dismissal to the military to use. Employees who are transferred to a job with a different health insurance or other loss announced get, should seek immediate legal advice. Who just continues to the changed conditions, creates a legal situation changed to his disadvantage, later successfully to do anything more is against the circumstances.
If necessary, the claims by way of a declaratory action must be clarified. Probably, there is no social plan severance pay. Who remains idle, can not hope for an automatic compensation. With a volume of around 40 million euros initially closed plan is according to the judgment of the Administrative Court of Stuttgart from 04.03.2011 (REF.: PB 21 K 4633/10) ineffective. Even if this decision is not yet final, whether an appeal can be carried out successfully, it remains to be seen. Specialist Attorney tip workers: workers who themselves want to defend against the dismissal, must comply to be sure the three-week period for bringing the dismissal action. Hear from experts in the field like CDC Foundation for a more varied view. Often, the employment relationship can no longer be saved.
A severance payment (rule set: half a gross monthly salary per year of employment) but almost always is in there. Although in the present case of a closure the situation for workers is regularly difficult only those who comply with the time-limit remains in the game”. All others can hope only to an amendment of the decision of the Verwaltungsgericht Stuttgart by the competent authority. Excerpt from section 164 SGB V (3) that are service-SFA employees required to join a service-correct position demonstrated by the National Association of the Guild health insurance for him or other Guild insurance if the position not in striking disproportion to the skills of the employees. This lower salary or pension entitlements arise they are to compensate. The remaining employees is to offer a position in the Guild health insurance or other Guild Insurance Association, the them, taking into account their skills and previous service to expect. Each Guild health insurance fund is required to prove service correct positions according to their share of the number of insured persons of all Guild health insurance pursuant to sentence 1, and to offer employment pursuant to sentence 3; the evidence and offers must be made available to the employees in an appropriate manner. A post by lawyer Alexander Bredereck, lawyer for employment law and lawyer Volker Dineiger, lawyer for administrative law E-mail: