Eligibility Requirement for Voluntary Severance Pay in a Social Plan
OGH 29.4.2021, 9 ObA 9/21w - Eligibility requirement for voluntary severance pay in a social plan
The granting of a voluntary severance payment in a social plan can effectively be made dependent on the waiver of a termination challenge. It is therefore permissible to agree in a social plan that voluntary severance pay will only be granted to those employees who do not contest the termination implemented on the basis of the social plan.
You can find the decision here.