Transfer of Business and Acquired Employee Rights

This book provides practical, business-orientated and accessible guidance on key employment and labour law aspects in national and international transfers of business in the European Union, its member states and selected important countries around the world. It contains a comprehensive overview of relevant topics such as safeguarding of employees’ rights, impacts on employees’ representatives and on collective agreements, company pension entitlements, insolvency, M&A transactions and cross-border transfers of business for each country covered. This overview is accompanied by summaries of leading case law and excerpts of important national regulations.

Transfers of business play an important role in today’s globalised business world. In particular, employment and labour impacts of transfers of businesses are often a driving legal and business factor in national and international restructurings and M&A transactions. The successful implementation of transfers of business requires to recognise and comply with the relevant legal frameworks of the countries involved.

This publication is written by specialised employment lawyers from around the globe and addresses in-house counsels, human resources managers and legal advisors in charge of or accompanying national or international transactions.

Jens Kirchner advises national and international companies on all aspects of labour and employment law. In addition, he focuses on national and cross-border restructurings, acquisitions and outsourcing measures.

He has extensive experience in negotiations with works councils on co-determination rights and on enforcing operational changes requiring a balance of interests and social compensation plans. Furthermore, he also has experience with complex transfers of business, company's pension schemes, codes of conducts, issues of data protection, and with the secondment of employees to foreign countries.

Jens advises companies in the technology, metal, chemical, medical, telecommunication, aviation and automotive industries as well as in the banking and insurance sector.

Dr Sascha Morgenroth, Counsel at DLA Piper

Sascha Morgenroth is a certified professional for employment and labour law (Fachanwalt für Arbeitsrecht) and advises national and international companies in all aspects of collective labour and individual employment law.

His experience involves national and cross-border restructurings, acquisitions, transfer of undertakings, negotiations with works councils regarding co-determination with respect to operational changes on balance of interests and social plans, mass dismissals, co-determination at board level in case of cross-border transformations, service relationships with managing directors and board-members, employee data protection law, employee secondments and employment of foreign employees in Germany.

Tim Marshall, Partner and Joint Global Head of Employment at DLA Piper

Tim Marshall is experienced in all areas or employment law, including senior executive restraint, team poaching and confidentiality issues.

Tim also advises on the employment aspects of mergers and acquisitions including large-scale restructuring programmes, and contract variation exercises. He provides strategic advice on boardroom disputes and has been involved in numerous high-profile cases involving City of London institutions.

Tim is joint global head of the firm's Employment group. The group consists of over 300 lawyers globally with resources across Europe, Middle East, Asia-Pacific and Americas. The team is one of the largest in the world and focuses on the strategic aims of clients in the management and reorganisation of their people resources with extensive experience in handling complex, politically sensitive employment-related matters, including multi-jurisdictional employment related projects.