Transfer of business according to §613a, change of business and outsourcing

When is there a (partial) transfer of business?

• Spin-off, sale, lease, business split or transfer.
• Outsourcing, subcontracting and order succession.
• Transfer of business despite organizational change - new case law requirements.
• Taking on temporary workers - risks and response options.

Setting the strategic course

• Bringing about or avoiding a transfer of business in accordance with § 613a.
• Timing: How do you manage the transition of employment relationships?
• Duty to inform employees - new developments in case law.
• Correct handling of the right to object - risks and response options.

Personnel adjustments in the event of business transfers and restructuring projects

• When can you give notice for operational reasons?
• How do you organize social selection - balanced age structure despite AGG?
• Avoid cross-company social selection.
• The termination agreement as an alternative?

Options for shaping and changing working conditions

• Individual legal commitments.
• Outsourcing of non-tariff areas.
• Termination, amendment or continuation of company agreements.
• Continued validity of collective agreements or tariff change - harmonization of tariff conditions?
• The latest on risks in individual contractual reference clauses.

The right way to deal with employee representatives

• Strategic handling of the duty to inform.
• Transitional and residual mandates.
• Differentiation from operational change.
• When and how you must inform the works council.
• Social plan, reconciliation of interests and compensation for disadvantages.
• Procedural possibilities of the works council.