Treofan-Neunkirchen: Works council sounds the alarm and wants to file a complaint!

Treofan-Neunkirchen: Works council sounds the alarm and wants to file a complaint!

Yesterday a hearing took place at the State Labor Court in Saarbrücken that was explosive for many Treofan GmbH employees. The head of the works council, Werner Wagner, was disappointed with the decision of the presiding judge, who rejected a complaint by the works council against the conciliation body requested by the management. Treofan, a Neunkirchen packaging manufacturer, is currently facing serious challenges: Over 500 employees have been off work since Tuesday and the factory is at a standstill. In addition, outstanding salaries and unpaid electricity bills are causing unrest among employees, who turned up in large numbers at the court yesterday to show their solidarity.

In view of the threatening situation, the works council decided to file a criminal complaint for delaying insolvency. The legal framework is clear: insolvency administrators take on the role of the employer during insolvency proceedings, and the works council's co-determination rights continue to apply, albeit with some deviations. Nevertheless, it is unclear whether there are obligations to agreements with the works council and to what extent the management complies with the applicable labor law provisions, as 123recht.de explains.

Risk of insolvency and company decisions

There are some typical signs of insolvency risk that are clearly visible at Treofan. These include drastic staff cuts, declines in investments and the cancellation of special benefits for employees. When companies begin to conclude standstill agreements with creditors or feel pressure from health insurance companies and the tax office, it is high time to act. In such situations, works councils are required to assert their rights and, if necessary, seek legal advice, as Banse Law Firm explains.

Closing a business is a major decision and should not be taken lightly. In this case, insolvency could be misused as a legal means to circumvent legally established co-determination requirements, which could be punishable. The question remains whether the Treofan management meets the requirements for insolvency or whether the application will ultimately be rejected by the court as unfounded so that the company can continue to meet its obligations.

Employees stand together

The high presence of more than 30 Treofan employees in the meeting room and around 60 other people in front of the court shows that the workforce agrees: the current situation is unsustainable. Companies have a responsibility to show transparency and inform the workforce in a timely manner about economic problems. Members of the works council have the right to inspect the company's financial documents and, if necessary, to take cost-cutting measures in order to provide the employees with the best possible support.

Despite the dark clouds currently hanging over Treofan, the workforce shows that they are ready to fight for their rights and interests. When existence is at stake, everyone must come together to find a solution before it is too late. The coming days will be crucial, not only for Treofan, but also for its employees, who face an uncertain future.