Amended dismissal
What is an amended dismissal?
An “amended dismissal” refers to a notice of termination that is intended to take effect only on the condition that the employee does not agree to a change—typically a deterioration—in the employment contract that is offered or demanded at the same time. However, if the employee accepts the change to the contract, the notice of termination is deemed to have been withdrawn by mutual agreement. The purpose of an amended dismissal is therefore not so much to terminate the employment relationship as it is to substantively restructure the terms of employment in favor of the employer. Many changes to an employment contract (such as a reduction in pay) can, in principle, only be implemented through an individual agreement (and not through a company agreement or collective bargaining agreement). Amended dismissal provides a means of implementing such a change. General protection against termination must also be observed in the case of termination with the offer of a new contract.
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