Industrial law: Informing obligations with an operating transition

Martin J. Warm, attorney // specialist lawyer for tax law // specialist lawyer for industrial law/lawyer for the middle class in Paderborn (openPR) - after § 613a exp. 5 BGB is to be informed an employee of the past employer or of the new business owner about an operating transition. The instruction serves to give to the employee concerned a sufficient knowledge basis for the practice of the right to object. Among other things must be informed carefully about the legal consequences of the operating transition. An instruction, which informs the employee incorrectly about the adhesion of the past employer and the new business owner about obligations in accordance with § 613a exp. 2 BGB, is not normal, so that it does not release the period of one month of the employee to contradict the transition of its employer-employee relationship in accordance with § 613a exp. 6 BGB. The plaintiff was with the deplored one in the range „Field service “busily. „The Field service “is responsible for maintenance of customer devices and other maintenance achievements, which are essentially furnished on the basis by servicing contracts. With letters from 2 December 2003 the deplored one communicated to the plaintiff that the division „Field service “starting from 1 January 2004 on the e. GmbH will turn into. The plaintiff worked starting from this time at e.GmbH. At the latest starting from summer 2004 the e turned out. GmbH into economic difficulties. Starting from September 2004 the deplored one looked for another service partner. The plaintiff contradicted the transition of his employer-employee relationship with letters from 26 October 2004. On 5 November 2004 the e placed. GmbH insolvency request. With his complaint the plaintiff makes continued its employer-employee relationship with the deplored one over 31 December 2003 outside validly. It is the opinion, its contradiction in time was made, there it incorrectly by the bad economic situation of the e. GmbH informed is. The deplored one represents the view, which is contradiction is late. The first instances rejected the complaint. On the revision of the plaintiff the senate has continued the employer-employee relationship of the plaintiff with the deplored one determined. The informing letter was already incorrect, because it informed 2 BGB incorrectly about the adhesion of the Veräusserin and the Erwerberin after § 613a exp. It was not suitable therefore to bring the contradiction period to running. The contradiction of the plaintiff was therefore effectively BAG, judgement from 14 December 2006 - 8 AZR 763/05; First instance: Duesseldorf, Urteil from 6 October 2005 WAS APPROPRIATE - for 15 SA 355/05).

Communicated of: Attorney TEAM.de warm & Kanzlsperger in Paderborn, attorney Martin J. Warm, Fachanwalt for industrial law, specialist lawyer for tax law, lawyer for middle class and economics www.rechtsanwalt-in-paderborn.de; www.rechtsanwalts-TEAM.de

Attorney
Martin J. Warm

Specialist lawyer for tax law
Specialist lawyer for industrial law

Their attorney partner with emphasis
Corporate law. Enterprise right.
Industrial law. Treaty right. Commercial law

Attorney TEAM.de
Warmly & Kanzlsperger
in office community

Vattmannstrasse 5
33100 Paderborn
Telephone: 0 52 51/52 48 - 0
Fax: 0 52 51/52 48 - 48
mailto:warm@rechtsanwalts-TEAM.de
Internet: www.rechtsanwalts-TEAM.de

Attorney TEAM.de warm & Kanzlsperger in Paderborn - lawyers for the middle class in private law and commercial law - a modern law office with emphasis industrial law for employee, industrial law for employer, bank right, labor management relations right, vomit, non-profit character right, managing director, corporate law, GmbH right, commercial law, collection right, EDP right, insolvency law, IT-right, capital investor protection, limited partnership, protection against dismissal law, right for operational age precaution (bAV), reorganization right, tax law, steering wheel meeting right, law on societies/donation right, treaty right, enterprise right, commercial law.

As an attorney locally we are active as competent partners in office community and interdisciplinary co-operation with chartered accoutants, tax counsels and swore in accountants in all questions of the restaurant civil law.

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