The service contracts made with employees are transferred to the transferee company with all rights and debts up to the transfer day in total and partial division if no objection is made by the employee.
If the objection is made by the employee, the service contract must terminate at the end of the dismissal period. The transferee company and the employee are obliged to fulfill the contract until that date.
The former employer and transferee company are severally liable for the receivables of employees which are due before the division has taken place and for the receivables of employees which are due within the period until the date the service contract is to expire under ordinary circumstances or the date it is terminated due to the objection of the employee.
The employer may not transfer the rights resulting from the service contract to a third party unless otherwise determined or it is apparent from the situation.
