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Sozial Plan & Transfer Gesellschaft

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The company i work for is currently undergoing a restructuring, and there have already been many people laid off during the last several months from the company facilities located outside of Germany.

 

The next phase is expected to be in Germany, and i have been hearing rumours about the discussions between the worker's council and the company, which are all new terms for me like Sozial Plan, transfer gesellschaft, etc. 

 

I have already done the googleing along with asking colleagues, and read a lot, but maybe there are specifics that i need to know, that is why i created this thread (search function showed that these terms do not exist in the previous threads).

 

Can anyone share knowledge, and maybe experiences? 

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No offense, but you say you've asked colleagues and read a lot, but now want "specifics". You then ask people to share knowledge and experiences.

 

Maybe you could ask some specific questions instead, so we don't end up writing what you already know.

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I actually don't know what to ask specifically.. Let me write down what I have so far learned, and maybe if anything is missing, you might wanna add.

 

Sozial Plan:

 

When a company has financial problems, it can decide to restructure and reduce the number of employees. When doing so, it has to follow certain rules defined by the law, and this is called Sozial Plan. The employees are ranked with a pointing scheme, and the lowest scoring employees are those that are laid off first (after the ones that are in Probezeit). The pointing scheme is as below;

 

Seniority: full employment year: 1 point
from the 11th year of service: per year of employment: 2 points
up to max. to the 55th year of life / max. 70 points
Age: for every full year: 1 point
up to max. to the 55th year of life / max. 55 points
Dependent children: each child: 4 points
Spouse: sole earner: 8 points
Double earner: 4 points
Severe disability: up to 50% 5: points
over 50% each 10%: 1 point

 

Transfer Gesellschaft:

 

Company can decide to create another company, whose lifetime will be between 6 to 12 months, and then first transfer the employees to that company. The employees do not go to work but paid 60 to 67 % of their salaries by Arbeitsamt, and if the company is willing, it can raise these levels up to the last paid salary level, agreeing to pay the remaining 33 to 40 % from it is budget. During this period (6 to 12 months) employees are expected to find them work, and if they cant, their contracts are terminated at the end of this pre defined lifetime of the company. The time spent in the transfer Gesellschaft is considered separately from the Arbeitslosengeld, so the employees start receive ALG if they couldn't find work within the lifetime of the transfer Gesellschaft.

 

That's a summary of what I know. Maybe a question can be, if the employee rejects to be transferred to the new company (if he has the right to), then what happens?

 

Anything you can add?

 

Thanks for your time.
 

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Yeah, that pretty much covers the basics.

 

I don't have any personal experience with this, but as I understand it, when you're employed by a Transfergesellschaft, you spend most of your time attending training courses, to make up for potential skills deficits you might have that would keep you from finding employment elsewhere. I believe if you're slated for transfer to a Transfergesellschaft but decide you don't want to get onto the proverbial cart, they'll dismiss you outright - which means you lose the additional 6-12 paid months you'd otherwise have to find another job, along with the extra training you'd receive during that time.

 

 

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Thanks,

 

Another question may be, if the time spent at the transfergesellschaft is counted within the 21 months duration for the Niederlassungserlaubnis application. I assume not, because part of the salary is paid by the Arbeitsamt, but still not sure, as it is also not ALG.

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