The transfer of obligations upon the transfer of a business enterprise is a complex legal tenet. Such transfers have far-reaching implications for both employers and employees.

Among the factors that have to be considered are:
– establishing if there is in fact a transfer of business enterprise;
– comparing employment conditions (individual/collective);
– recommending which employees to include in the transfer (permanent/temporary/seconded);
– restructuring or reorganising before or after a business enterprise transfer;
– holding consultations with trade unions and works councils;
– harmonising employment conditions after a business enterprise transfer.

It is a good idea to seek advice early on in this process in order to forestall various problems and the risk of time-consuming lawsuits.