(1) Where an establishment has no works council or if for other reasons reconciliation of interests pursuant to section 125 (1) is not achieved within three weeks of opening the negotiations or a written request to open negotiations, despite the fact that the administrator provided comprehensive information in good time to the works council, then the insolvency administrator may request a decision from the labour court to the effect that termination of contracts covering certain employees designated in his or her request is conditioned by urgent operational requirements and justified taken social aspects into account. The social selection by the employees may only be examined on the basis of duration of service, age and maintenance obligations.
(2) The provisions of the Labour Courts Act governing decisions by order apply accordingly; the parties to the proceedings are the insolvency administrator, the works council and those designated employees not recognising the termination of their contracts or the change in their working conditions as being justified. Section 122 (2) sentence 3 and (3) applies accordingly.
(3) Section 12a (1) sentences 1 and 2 of the Labour Courts Act applies accordingly to the costs incurred by the parties to the proceedings at first instance. During proceedings before the Federal Labour Court the provisions of the Code of Civil Procedure governing the reimbursement of costs apply accordingly.