(1) Where operational changes are being planned (section 111 of the Works Constitution Act) and the insolvency administrator and the works council reach an agreement on the reconciliation of interests in which the employees who are to receive notice are listed by name, then section 1 of the Act on Protection against Dismissal applies, subject to the following provisos:
1. it is presumed that termination of the employment of those employees who are listed by name is conditioned by urgent operational requirements which stand in the way of further employment at this site or of further employment under unchanged working conditions;
2. the social selection of employees may only be conducted on the basis of duration of service, age and maintenance obligations, and in this respect only for gross errors; it is not to be deemed to be grossly in error if a balanced personnel structure is maintained or created.
Sentence 1 does not apply if the circumstances have changed considerably since the reconciliation of interests was brought about.
(2) Reconciliation of interests pursuant to subsection (1) stands in lieu of the statement by the works council pursuant to section 17 (3) sentence 2 of the Act on Protection against Dismissal.