a form of termination notice for a long-term contractual relationship combined with an offer to enter into a new contract for the purpose of continuing the relationship under the changed conditions. The Änderungskündigung is mainly used for lease agreements and employment contracts. If the addressee of the Änderungskündigung rejects the offer to continue the contractual relationship under the changed conditions or does not respond within the period in which the offer is validly binding, then the obligation will be effectively terminated by the Änderungskündigung.
Section 2 of the German Unfair Dismissal Act (Kündigungsschutzgesetz or KSchG) contains a special provision on the Änderungskündigung. According to that provision, an employee can accept the Änderungskündigung subject to a caveat claim that the change in working conditions is not socially justified. Whether there is a social justification is determined according to § 1 (2) KSchG. The purpose behind § 2 KSchG is to ensure that the rights of the employee cannot be unilaterally curtailed by the employer and that the employee can still exit the contractual relationship.
The term “Änderungskündigung” can be translated into 2 different English terms. Click on one that matches your context.
- 1. contract termination with offer to continue under changed conditions
- 2. employment termination combined with offer of new terms of employment due to changed conditions
contract termination with offer to continue under changed conditions
employment termination combined with offer of new terms of employment due to changed conditions
This neologism would work better in the context of the broader law of obligations.
(employment law). This process is a unique form of employment dismissal / termination and has no counterpart under US/UK law.