European Employment Law Cases

Case Reports

2019/9 The right to object against a transfer in case of incorrect information is not unlimited (GE)

Keywords Transfer of undertaking, Employees who transfer/refuse to transfer
Authors Nina Stephan
Author's information

344909 Nina Stephan
Nina Stephan is an attorney-at-law at Luther Rechtsanwaltgesellschaft mbH
  • Abstract

      According to German law, every employee has the right to object to the transfer of their employment relationship to the transferee in the case of a transfer of business. However, the right to object is not unlimited. The Federal Labour Court (Bundesarbeitsgericht (‘BAG’)) held that an employee who had worked for the transferee for seven years had lost this right if they had been informed about the transfer.

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