The employees' protection during asset deals shall be explained in detail first from a Japanese and after that from a German legal viewpoint, introducing the respective systems of company and labour law and taking into account the historical as well as the social context of both countries. Afterwards, these two systems shall be directly compared to determine whether there are lessons to be learned from the other regulatory way. By these means, the questions shall be answered, how much protection during asset deals for employees is necessary and adequate, as well as whether an optimal regulation of this situation is possible.
Through times of economic upswing or crisis, Japan and Germany's economic and legal cooperation has been profound for the longest time and thus overcame borders in culture and language. As for labour law, in particular, both countries share the general regulatory way by emphasizing the protection of employees – with only natural differences remaining.
Furthermore, be it times of economic stability or uncertainty, the acquisition of undertakings in the form of asset deals for business expansion or restructuring plays a significant role in both countries. The (dis-)continuity of employment relationships upon such restructuring measures, however, bears great risks and insecurities for employees and calls for the legislator as well as the jurisdiction to provide for solutions. Solutions have been found in Japan as well as in Germany – although with significant differences yet to explore.
Inhaltsverzeichnis (Table of Contents)
- Introduction and course of investigation.
- Employees' protection during asset deals in Japan.
- Asset deals in Japan.
- Employees' protection in Japan
- General overview
- Protection of employees during asset deals in Japan
- Asset deals in Germany
- Employees' protection during asset deals in Germany.
- General overview
- Protection of employees during asset deals in Germany.
- Comparison of the two legal regimes and lessons learned therefrom.
- Historical similarities – shared values
- Historical and cultural differences – different emphasis of interests
- Shared and split values in spotlight: The protection of employees during asset deals.
- Conclusion and summary
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This paper aims to analyze the legal framework surrounding employee protection during asset deals in Japan and Germany. It explores the historical development of labor law in both countries and examines the specific regulations in place to safeguard employees' rights during business transfers.
- Protection of employees during asset deals
- Comparison of legal regimes in Japan and Germany
- Historical development of labor law in Japan and Germany
- Cultural and legal influences on employee protection
- Lessons learned from comparative analysis
Zusammenfassung der Kapitel (Chapter Summaries)
- Introduction and course of investigation: This chapter introduces the topic of employee protection during asset deals, highlighting the significance of this legal issue in both Japan and Germany. It outlines the research methodology and the scope of the investigation.
- Employees' protection during asset deals in Japan: This chapter delves into the Japanese legal framework governing employee protection in asset deals. It examines the historical development of Japanese labor law, analyzes the current employment landscape, and explores the legal provisions protecting employees against dismissal. It then focuses specifically on the protection of employees during asset deals, analyzing the relevant legislation and jurisprudence.
- Asset deals in Germany: This chapter provides an overview of the German legal system surrounding asset deals. It explores the historical evolution of German labor law, the current work environment, and the existing legal framework for employee protection against dismissal. It then delves into the specific regulations concerning employee protection during asset deals in Germany, examining the legal framework and its application.
Schlüsselwörter (Keywords)
This research focuses on the protection of employees during asset deals, comparing the legal frameworks in Japan and Germany. Key terms include asset deals, employee protection, labor law, dismissal, transfer of employment, historical development, legal regimes, and comparative analysis.
- Arbeit zitieren
- Jannis Bantele (Autor:in), 2022, The Protection of Employees during Asset Deals in Japan and Germany, München, GRIN Verlag, https://www.grin.com/document/1322938
