Transfer of business

If your employer sells its business or one of its businesses, the buyer assumes all rights and obligations arising from the existing employment contracts. In other words, you get a new employer, but under the same conditions that existed with your old employer. In such cases, Section 613a (4) BGB provides for a special Terminationprohibition. Accordingly, a Termination ineffective if the transfer of the business is the main reason for the Termination was. For other reasons TerminationHowever, they can still be pronounced.

Of course, not everyone automatically wants to change their employer and prefer to stay with their old employer. This can be an option, especially for employees who cannot be dismissed under a collective agreement, for example. Nevertheless, such a contradiction is also associated with considerable risks, as the risk of a dismissal for operational reasons is higher. Termination by the old employer is significant.

As transfers of undertakings and the associated Terminationhighly complex legal processes, you should be aware of this in the event of a Termination or if you are considering lodging an objection, be sure to seek advice.