Definition
In the case of redundancies for operational reasons, the employer cannot choose at will whom to make redundant. They must select, from among comparable employees, those who are least deserving of social protection. Four criteria are decisive: length of service, age, maintenance obligations and severe disability. Those who score higher according to these criteria enjoy greater protection against redundancy. The employer must disclose the reasons for the social selection upon request. Errors in the social selection render the dismissal invalid.
Specialist solicitor in employment law
With over 15 years’ experience in employment law
Classification under employment law
In the case of redundancies for operational reasons, the employer must carry out a social selection process amongst comparable employees based on the criteria of length of service, age, maintenance obligations and severe disability (Section 1(3) of the German Redundancy Protection Act (KSchG)). Errors in the social selection process render the dismissal invalid.
Distinction from related terms
Redundancy: The social selection process is part of the redundancy procedure and determines which employees are made redundant. The redundancy itself, however, is based on the loss of jobs.
Key employee clause: Certain employees may be exempted from the social selection process if their continued employment is in the company’s interests. This limits the scope of the social selection process.
Practical tip
The employer must, upon request, inform you of the reasons for the social selection process (section 1(3), first sentence, of the German Employment Protection Act). Request this information in writing – as it is often only by comparing your situation with that of your colleagues that it becomes clear you should have been spared.
