An operational dismissal Germany case is looming at Ubisoft: over 100 employees, particularly at the Anno studio, are facing layoffs. If you are affected, you are probably asking yourself: What can I do now? What claims do I have? And how do I defend myself against a dismissal that may not even be lawful? This article gives you an overview of your rights as an employee – from social selection and social plans to the dismissal protection claim.
Operational Dismissal Germany: What We Know About Ubisoft
According to current reports, Ubisoft plans to cut more than 100 positions in Germany. The studio known for the Anno game series is particularly affected. Exact numbers and locations are not yet officially confirmed, but for the affected employees one thing is clear: their jobs are at risk. In such situations, it is important to stay calm and systematically examine your legal options. Because not every dismissal for operational reasons is automatically valid – many employers make mistakes that you can use to your advantage.
Legal Requirements: When Is a Layoff Valid?
For a dismissal due to layoffs to be valid at all, the employer must prove that urgent operational requirements prevent continued employment. This is the case when, for example, a department is closed, a location is relocated, or a specific function ceases to exist. At Ubisoft, the reason is likely a strategic realignment or cost reduction – courts generally accept such business decisions as long as they are not obviously arbitrary.
The operational dismissal Germany process requires the employer to use the dismissal proportionately. This means they must first check whether another vacant position in the company exists that would be reasonable for you. Only if continued employment at another location or in another position is not possible may they dismiss you. So check carefully whether alternative positions might be offered in your operation or within the group.
Social Selection: Who Is Especially Protected in Mass Layoffs?
In a large-scale layoff, the employer must conduct a so-called social selection. This means they cannot arbitrarily decide who must leave but must consider social criteria: length of service, age, maintenance obligations, and any severe disability. Those who have been with the company longer, are older, or have children to support enjoy stronger protection. The more employees affected by a wave of dismissals, the more important the social selection becomes – and the higher the likelihood of errors in the selection. An operational dismissal is only valid if the social selection was conducted correctly. If you believe the social selection was flawed to your disadvantage, that can be a starting point for legal action. In this context, a dismissal protection claim can also help to have the validity of the dismissal reviewed by a court.
A common mistake: the employer only compares employees within the same department, even though employees with similar qualifications in other areas would also be comparable. Therefore, check carefully whether the selection is tailored to your personal situation – especially in a large wave of dismissals like at Ubisoft, there are often several comparable employees, making the selection particularly prone to errors.
Reconciliation of Interests and Social Plan: Your Rights in the Process
In a larger layoff, the employer is required to involve the works council. A reconciliation of interests records which departments are affected and how the reduction will be implemented. In parallel, a social plan is negotiated to cushion the financial disadvantages for affected employees – typically through severance pay, retraining measures, or a transfer to a transfer company.
For you as an employee, the social plan is particularly important because it is often the only basis for severance pay. Without a social plan, there is no automatic entitlement to severance – only if the employer references Section 1a KSchG in the dismissal letter do you have a statutory severance claim, but that is the exception. In practice, severance is usually negotiated as part of a termination agreement or in a court settlement. Further details on severance can be found in our guide to severance pay.
Notice Periods and Severance: What You Are Entitled To
When you receive a dismissal, you must first check the deadlines. The statutory notice period depends on your length of service – it can range from four weeks to seven months depending on the duration of employment. Important: In a dismissal due to layoffs, these periods apply unless the employer terminates extraordinarily with a run-out period.
Regarding severance, there is no statutory guarantee of a specific amount. A common rule of thumb is 0.5 gross monthly salaries per year of service – but that is only a negotiating framework. A social plan may stipulate a different calculation. If you are offered severance, do not let yourself be pressured. Often more is possible than the first offer suggests. Severance is not a gesture of goodwill but compensation for the loss of your job – and it frequently becomes a central negotiating point in a dismissal protection claim. The dismissal protection claim is the right way to fight an operational dismissal, even if you ultimately only aim for a higher severance payment.
Dismissal Protection Claim: Deadlines and Prospects of Success
The dismissal protection claim is the most important tool to defend yourself against an invalid dismissal. The deadline is three weeks from receipt of the dismissal – if you miss this deadline, the dismissal becomes automatically valid, even if it was substantively unfounded. Therefore: when in doubt, consult a specialist lawyer for labor law immediately and have the claim filed.
The prospects of success of a dismissal protection claim depend on several factors: Is there a works council, and was it properly involved? Is the social selection flawed? Is there a vacant position that should have been offered to you? The larger the layoff, the more formal errors occur – which increases your chances. Even if the dismissal turns out to be valid in the end, a settlement is reached in most cases that secures you severance pay. This is often higher than the employer’s original offer.
Act Now: How to Secure Your Claims as an Affected Employee
If you are affected by the layoffs at Ubisoft, you should not wait but take action. Document everything: the dismissal, the dismissal letter, any conversations with the employer. Check whether you are a trade union member – legal expenses insurance often covers lawyer costs. And importantly: do not let the three-week deadline expire, even if you are still undecided. A dismissal protection claim can always be withdrawn later, but a missed deadline is irrevocable.
RechtStark supports you as a litigation funder if you want to file a claim but shy away from the cost risk. We assess your prospects of success and finance the proceedings, provided the claim has sufficient prospects. The actual legal advice and representation is handled by an independent specialist lawyer for labor law – we take care of the costs.
You do not have to face the layoffs alone. With a well-thought-out strategy, the right deadlines, and a strong negotiating position, you can negotiate a fair severance package in the worst case – or keep your job in the best case. An operational dismissal Germany notice is not a fate you are helplessly exposed to. Act now, secure legal assistance, and examine whether a dismissal protection claim is the right path for you.
Note: This article is for general information purposes only and does not replace individual legal advice. For a free initial assessment of whether litigation funding may be an option for your case, you can contact RechtStark.