Betriebsübergangs

Betriebsübergangs refers to the transfer of a business or an undertaking from one owner to another. This legal concept is particularly relevant in the context of employment law, where it aims to protect the rights of employees when their employer changes. In many jurisdictions, including the European Union, Betriebsübergangs is governed by specific regulations designed to ensure that employees' terms and conditions of employment are preserved.

When a Betriebsübergangs occurs, the rights and obligations of the previous employer automatically transfer to the new employer. This typically includes employment contracts, collective agreements, and any other rights or obligations related to the employees. Employees generally do not lose their jobs or have their fundamental employment conditions altered simply because the business has been transferred. The new employer is bound by the existing employment relationships as if they had originally entered into them.

There are specific conditions that define whether a transfer qualifies as a Betriebsübergangs. Generally, it involves the transfer of an economic entity that retains its identity after the transfer. This economic entity must be an organized bloc of assets that can be exploited for the pursuit of an economic activity. The mere transfer of shares in a company does not, in itself, constitute a Betriebsübergangs.

Employees have certain rights in the event of a Betriebsübergangs. They are usually informed about the transfer by both the old and new employer and have the right to receive detailed information about the planned transfer and its implications. In some cases, employees may have the right to object to the transfer to their new employer, in which case their employment may terminate on the date of the transfer.