Transfer of business or part thereof in Germany and South Africa- a comparison of $ 613a of the German civil code (bgb) and section 197 of the labour relations act (lra)
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Date
2005
Authors
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Publisher
University of the Western Cape
Abstract
The title of this mini-thesis is "Transfer of Business or part thereof in South Africa and Germany- a Comparison of $ 613a of the German Civil Code (BGB)I and Section 197 of the Labour Relations Act (LRA) 2". One reason why comparing the transfer of business or part thereof in South Africa and Germany is such an important topic is, that economic relations between the two countries are very intensive. Germany is one of the most important trade partners of South Africa and many German companies are operating in South Africa3. The topic of transfer of business or part thereof in both countries is therefore a very important issue to a company's decision to operate a business in South Africa. Especially in the field of the transfer of business or part thereof, where a balance has to be found between many different interests, such as the managerial prerogative of the employer and the protection of the employee, it can be very useful to gain new insight. The transfer of an employing enterprise from the control of one legal person to another raises two basic issues for labour law. First, what is the impact of such a transfer upon the rights, individual and collective, of the workers as against their employer? The second issue is what role the employees are to play in the decision-making process which leads to the transfer of control. The main focus will be on two specific problems in the field of transfer of business or part thereof, namely outsourcing and the power to object to a transfer5. In my mini- thesis, I will examine the different ways in which transfers of businesses or parts thereof are regulated in both countries. There are many similarities as well as differences
concerning the transfer of businesses or parts thereof in Germany and South Africa which I will identify. The paper will not only show differences and similarities, but will also analyse the reasons for these differences. The thesis will focus on transfer of businesses in solvent
circumstances.
Description
Magister Legum - LLM
Keywords
Transfer of business, German civil code, Labour law, South Africa and Germany, Decision-making process