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by GhostVII 1583 days ago
So it sounds like in Germany, you can fire people to hire another 200 cheaper, you just have to compensate them for that firing. Just like in the US if you fire someone without cause, they get unemployment payments funded by their previous employers unemployment insurance (which goes up the more people they fire).

And this isn't even relevant to what is happening with Booking.com. No one is being explicitly fired, they are being moved to a new company with different job requirements. Which as far as I understand, is constrictive dismissal, so the right thing in this case is for Booking.com to give all their employees the option of being laid off instead.

2 comments

Constructive dismissal laws vary by state- but generally, if the compensation and job duties remain substantially the same, it won't be constructive dismissal in the US. The post alludes to the possibility that the new company will make changes after 6 months... if they substantially reduce compensation at that time or substantially change the nature of the job, their us employees would probably qualify for unemployment.

Notably, the Reddit poster is from France, so this sin't a "US vs Europe" thing as some other comentors are trying to make it out.

Also, looking at https://www.iamexpat.de/expat-info/social-security/unemploym..., seems unemployment in Germany is similiar, but in some situations less than in the US- though it can also, in some situations, last longer.

That is not legal in Germany, because that requires a new contract, which you can refuse to accept and have to be compensated for.

Meaning, it does happen, but it requires the workers and union to accept it actually takes place, the company cannot just decide on their own that they will do it and that is it.

Sure, so similar to in the US, where if the company changes your contract you are eligible for unemployment if you refuse.
His point in Germany is that not only are you eligible for unemployment, you have to receive a severance package.

They've just pulled the rug from underneath you without it being your fault in any way.