Social plan with waiver of contestation of dismissal
Supreme Court from 29.4.2021, 9 ObA 9/21w - Social plan with waiver of contestation of dismissal.
§ 105 ArbVG: In social plans, the social plan payment of a voluntary severance payment can be made dependent on the employee's omission to challenge the dismissal in court in accordance with § 105 ArbVG.
The employee was not prepared to agree an amicable termination of the employment relationship and was dismissed, the dismissal was contested by him. As social compensation plans generally aim to compensate the employee for the loss of employment, typically by granting voluntary severance payments, a restriction to such severance payments is only permissible if there is no contestation of the dismissal. It must be prevented that the employer on the one hand provides social plan benefits, but on the other hand is exposed to the risk of contesting the dismissal.