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.
Table of contents
Cover page
Table of contents
Bibliography
List of abbreviations
Elaboration
A. Introduction and course of investigation
B. Employees' protection during asset deals in Japan
I. Asset deals in Japan
II. Employees' protection in Japan
1. General overview
a) Historical development of Japanese labour law
b) Nowadays' employment in Japan
c) Protection of employees against dismissal
2. Protection of employees during asset deals in Japan
a) Employee's need for protection during asset deals and current legislation
b) Excursus: The protection of employees during company splits
c) Jurisdiction and national reception
d) Position statement
C. Employees' protection during asset deals in Germany
I. Asset deals in Germany
II. Employees' protection in Germany
1. General overview
a) Historical overview of German labour law
b) Current work environment and labour legislation in Germany
c) Protection of employees against dismissal
2. Protection of employees during asset deals in Germany
a) History and telos
b) Structure and elements of the current legal standard
(1) Undertaking or part of a business – continuation of an economic entity
(2) Transfer by legal transaction to a new owner
(3) No objection by the employee
(4) Transfer of employment, grandfathering, and continuity of collective agreements
c) Excursus: The protection of employees during company splits and mergers
d) (Inter-)National reception and position statement
D. Comparison of the two legal regimes and lessons learned therefrom 30
I. Historical similarities – shared values 30
II. Historical and cultural differences – different emphasis of interests 31
III. Shared and split values in spotlight: The protection of employees during asset deals 32
E. Conclusion and summary 36
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