No transfer of protection against dismissal if the threshold value is below the purchasing company
The BAG has correctly rejected both the expansion of protection against dismissal to small businesses and the analogous application of the § 323 UMWG, which is specifically applicable to conversion law, to operations (part). In particular, it takes into account the fact that the legislator has deliberately removed small businesses from the scope of general protection against dismissal. At the same time, the attempt is withdrawn from the basis of a different interpretation of Section 613a (1) of the German Civil Code (BGB) or analogy. Attorney Dirk Helge Laskawy writes about this in decisions on commercial law (EWIR) 2007/549f.
