Leiharbeit beim Betriebsübergang

The work deals with the question whether there is a transfer of rights and obligations regarding the temporary agency workers who are assigned to the non-contractual employer in the event of transfers of undertakings of the non-contractual employer. According to the understanding in German law, the answer was indisputably a clear „no“. Today this has changed. In a judgement from the 21st of October, 2010, in the legal case „Albron“, the European Court of Justice (ECJ) has decided that there is a transfer of rights and obligations regarding the temporary agency workers who are assigned to the non-contractual employer.
The author discusses the reasoning of the ECJ in that judgement as well as other ways of argumentation. After detailled interpretation of the Directive 2001/23/EC, a new way of reasoning is developed, followed by outlining the effects of a transfer on the German law in § 613a BGB.