Section 14-2 Preferential right to a new appointment

(1) An employee who has been dismissed owing to circumstances relating to the undertaking shall have a preferential right to a new appointment at the same undertaking unless the vacant post is one for which the employee is not qualified.

(2) The preferential right shall also apply to an employee who is temporarily engaged and who, owing to circumstances relating to the undertaking, is not offered continued employment. This shall not however apply to employees engaged as temporary replacements pursuant to section 14-9, second paragraph (b). The preferential right shall also apply to employees who have accepted an offer of reduced employment instead of dismissal.

(3) The preferential right applies to employees who have been employed by the undertaking for a total of at least 12 months during the previous two years.

(4) The preferential right shall apply from the date on which notice is given and for one year after expiry of the period of notice.

(5) The preferential right shall lapse if an employee fails to accept an offer of employment in a suitable post not later than 14 days after receiving the offer.

(6) If two or more persons have a preferential claim to a post, the employer is obliged to follow the same rules for selection as apply in the event of dismissals owing to curtailed operations or rationalisation measures.

(7) The provisions of this section shall apply correspondingly to employees who have been dismissed in connection with the bankruptcy of an undertaking. This shall only apply when the undertaking is continued or resumed and, in view of its location, nature, extent and the like, must be regarded as a continuation of the original undertaking.

(8) The sixth paragraph shall not apply in connection with bankruptcy, public administration of the estate of an insolvent deceased person or transfer of an undertaking after debt settlement proceedings have been initiated.