Case number and/or case name
Hessisches LAG, 07.5.2015 – 9 Sa 1036/14
Details of the court
Germany, Second Instance
Articles referred to by the court
Date of the judgement
06 May 2015
CJEU's case law cited by the court
Summary
The defendant terminated the employment contract of the plaintiff. The plaintiff (German) claims that his dismissal was not social justified. This question lies upon the fact if the number of employees employed by a subsidiary in Switzerland has to be added on the number of employees in total. This addition has to be done even if Suisse law is applicable to the employees in Switzerland. This is even the case if the choice of law regarding the dismissal is partially invalid in Switzerland (Art.8). According to Art. 28, the EGBGB regulation stays applicable for contracts concluded before 17.1.2009. The case is still pending before the Federal Court of Justice (Labor), BAG: 2 AZR 468/15, Date: 2016-04-21.