Der Übergang von Arbeitsverhältnissen bei einer umwandlungsrechtlichen Spaltung

The legal institution of division into several enterprises under the German Transformation Act is of great practical relevance for the restructuring of legal entities. From the perspective of labour law, despite the interlocking of transformation law with the law on the transfer of businesses in the meantime, there is still considerable doubt how employment relationships are transferred in the course of a division, if the legal requirements of a transfer of a business are not fulfilled. Considering the great importance of freedom of division in the transformation law, practical solutions will be developed. It will be shown that the transfer of employment relationships follows different rules than the transfer of other contractual relationships.