Bezugnahmeklauseln und Betriebsübergang (English shop)

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This dissertation examines the legal significance of contractual clauses incorporating collective bargaining agreements into employment contracts and their implications in cases of business transfers. It focuses on the circumstances under which collectively agreed provisions become part of individual employment relationships and how their applicability changes when ownership of a business is transferred.

The study analyzes the distinction between the normative application of collective agreements and their contractual incorporation, as well as the interpretation and judicial review of different types of reference clauses under German standard contract terms law. Particular attention is given to dynamic and static reference clauses, equal treatment agreements, and collective agreement change clauses. Drawing on German labor court jurisprudence and Section 613a of the German Civil Code, the dissertation examines the continued application of collectively agreed employment conditions under different collective bargaining arrangements.