No applicability of the KSchG in companies with no more than 10 new employees and less than 5.25 old employees (only available in German language)

The article by Dr. Alexander Insam and Oliver Zöll shows, on the basis of and in addition to the ruling of the Hamburg Higher Labour Court (LAG) of 1 September 2005, why the Unfair Dismissals Act (KSchG) does not apply under section 23 (1) sentences 2 and 3 of the KSchG if the number of old employees falls below the threshold of 5.25. At the same time, the authors venture an outlook on the revision decision of the Federal Labour Court (BAG). At the same time, the authors venture an outlook on the BAG's revision decision.