To replace normatively applicable collective agreements during the transfer of operations
According to Section 613a (1) sentence 3 of the German Civil Code, the rights and obligations of the employment relationships, which are regulated for the same regulations for the same regulations to which the employee and the employee are bound by the legal norms of a collective agreement, "congruent collective bargaining" are replaced. The replacement is generally unagended whether the working conditions improve or worsen for the transferred employment relationships. From the decision of the ECJ in the case "Scattolon" (ECJ of September 6, 2011 - RS C -108/10, ZIP 2012, 1366 ) there is no general ban on deterioration. You can find the contribution by Ra Dirk Helge Laskawy and Ra Peggy Lomb on the judgment of the Federal Labor Court of January 23, 2019 .
