How will German sites handle ISP when workers can't be fired in performance criteria?
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Germany is not a socialist nation and they usually work 5 days a week (40h). The majority of German engineers does not work in big corporations but in family owned midsize companies. Their spirit is against everything what corporations want: yes, these employees know that they are responsible for the future of the company of the family of their boss, but the boss knows that he needs these persons in some years in order to survive and leave his children a good package. In a well managed company the planning horizon is rather 5 years, not 3 months. Read something about "Mittelstand". This model is however a question of mentality.
The disaster begins usually whenever such a company goes public. Shareholder's value is everything what counts, and this in a three months cadence.
@saf nothing is shocking just looking that even socialist nations like Germany have employee protection laws better than the states and the best of all they have 4 day workweeks over there in some companies
@trw. Reference is old 2003.
But assuming that what is described is still valid,
German employment termination law is regulated by various codes and is intended to give the >employee maximum protection against unfair dismissal
What is shocking for you here ?
Good interpretation of German laws https://www.wilmerhale.com/pages/publicationsandNewsDetail.aspx?NewsPubId=90463
I guess the company may have a sticky situation using ISP rules there maybe time to move there and get a job there until retirement
Awesome, dude! Interesting play on words.
Australia is using the herpes virus in the final solution against carps. It will end badly.
I thought they had to let Germany know way in advanced.
An ISP is usually accompanied by an agreemant that the worker gives up his right to file a lawsuit.
There are cases, where a worker never must sign any ISP without consulting a lawyer. If there are children for example with a legal title for alimony, signing an ISP can be a financial suicide.
In addition, signing an ISP blocks the worker usually for 3 month from getting unemployment pay.
The company can legally:
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offer relocation if the contract provides for that (there is hope that the worker gives up for private reasons)
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offer a severance pay, which is significantly higher than that what a tyypical judge would determine
If the company is in financial trouble, it is easier, but a diligent analysis of the social situation of the worker is required (number of years in company, age, number of children, chance to find something else). The selection of a candidate must take this into account.
A violation of the CoC makes it easier, but usually the company must first hand out a written warning letter first. There must be a clear message, what is allowed and what is not allowed. This does however not work, when a hehavior has been usually tolerated in the past.
In some cases the worker can be fired immediately without any compensation, for example a worker in a super market, that finds one cent on the floor (lost by a customer) and keeps it for himself.
There are voices saying that some of the giants of the sales chains organize mobbing.
Finally it depends on the judge. Unless there is an agreement with the employee representative or the severance pay is really high, or the worker has a good alternative, only idiots do not file a lawsuit.
That's a crude, vulgar term in the stated context