Tarifentwicklungen nach einem Betriebsübergang

This thesis will appeal to those in both academia and the business world. It deals with the question of whether, after a business transfer in terms of § 613a of the German Civil Code (BGB), the parties in labour contracts are bound by amendments to the collective agreements established in the business of the seller. First, using a general approach, the thesis examines whether there is a justification for such amendments. In addition to that, it analyses the limits of the amendments, both under German constitutional law as well as under European law. According to the author, the essential criterion for whether the amendments apply to the parties in a labour contract is the ‘predictability’ of the amendments the moment the business transfer occurs. Subsequently, against the background of this general assumption, the author addresses several individual cases which the German Federal Labour Court (BAG) and the European Court of Justice have ruled on in recent years.