A ruling from the German Federal Labour Court has confirmed that
on the transfer of a business, employees who object to their
employment relationship being transferred to the new owner can be
offered temporary employment instead.
In the event of a transfer of business, one of the important
issues is the treatment of so-called 'objectors' in the
workforce and the associated costs of separation. Now, the German
Federal Labour Court (the 'BAG') has provided an option
that eliminates a key risk of objection.
In a transfers of a business in Germany, the employment
relationships are automatically transferred from the seller of the
business to the acquirer of the business. The employee can prevent
this by lodging an objection, but the objector can no longer be
employed in the same job by the seller, because the job is now with
the acquirer. One solution to this muddled situation has been to
offer the employee employment with the acquirer. If the employee
refused this, he
