A. General
If an undertaking, establishment or part of an establishment changes its employer, this is called a transfer of an undertaking (Betriebsübergang). In the past, employees often lost their jobs in such cases because the new employer did not want to take over the ‘old’ employees. The provisions of sections 3-6 Employment Contract Law Adaptation Act, which are based on an EU Directive, were intended to counteract this development. The central content of the regulations is therefore that the rights and obligations of the transferor (Veräußerer) under the ‘old’ employment contracts must be transferred to the transferee (Erwerber).
