Location of the works council via mass layoffs in text form sufficient
The BAG has so far left the question of whether the written form of § 126 BGB is necessary for the information of the works council in accordance with Section 17 (2) KSchG. Contrary to the prevailing view in the literature, the BAG expressly rejects this analogy. Although the reasoning of the BAG is rather scarce, the decision is to be welcomed. If the lesson is mere, authenticity and evidence regularly take a back seat. Final and perpetuation function can be met by the text form and the identification of the explanatory can be guaranteed. The decision brings clarity regarding this question for practice. Attorney Dirk Helge Laskawy commented on this decision in decisions on commercial law (EWIR) 2017/153f.
