Overview

The question of continued employment of an employee arises in particular in case of a challenge of a notice of termination before the labour court. In such law suits the employee regularly argues that the notice of termination is socially inadequate and that he should remain employed by the employer. The employer can justify a socially inadequate termination through business or personal reasons. However, even if such reasons exist, there must be a balancing of interests between the interest of the employee in ongoing employment and the interest of the employer in terminating the employment.

Due to this balancing of interests, the obligation of the employer to organise the business socially has to be considered. The question then arises if this social obligation of the employer includes the obligation to offer an employee ongoing employment with another group company.