In the event of a transfer of assets, an employment contract may be transferred to the buyer, (i) by the inclusion of the employment contract in the company to be sold or (ii) by the withdrawal of the transferor by the employee and the closure of a new employment contract with the purchaser. In the first case, the terms of the employment contract remain the same even after the transfer, unless otherwise agreed between the purchaser and the worker. In the latter case, the conditions may vary depending on the employment rules of the purchaser or the new employment contract. Collective agreements are not transferred unless agreed between the client, the purchaser and the syndicate. In the case of a business sale by transfer of assets, employees do not transfer automatically. The buyer (the buyer) and the seller (the seller) may agree to include employment contracts in the business to be sold, but if an employee refuses to accept the transfer of his employment contract, the employment contract is not transferred to the buyer. Labour law complaints fall within the jurisdiction of two main courts: 8.1 What is the impact of employees` data protection rights on the employment relationship? Can an employer freely transfer data on workers to other countries? 2.5 Under what circumstances does a works council have participation rights, so that an employer can only continue after obtaining the agreement of the works council on the proposals? The LSA defines a “worker” as a person employed in a business or office and who receives wages from a company or office, regardless of the type of occupation, and a worker is protected by Japanese labor law. Independent contractors or self-employed persons who enter into an outsourcing contract with a company and certain officers of the company, such as directors and senior managers who may work at their discretion, are not protected by labour law, as they are not considered “workers”. The distinction between an independent contractor and a manager of an undertaking, on the one hand, and a worker protected by labour law, on the other, should be based on the actual working conditions of the person (and not only by professional title, form or name of the contract), taking into account different factors, for example.B. if: (i) he/she has the discretion to refuse any assignment; (ii) he/she is under the control of a person and must follow specific instructions regarding his/her work; (iii) the place and time of work are fixed; (iv) other persons may perform the work; and (v) he/she receives a salary in return for the performance of the work. 9.1 Which courts are competent for labour law complaints and what is this composition? A male worker is entitled to childcare leave.
He is generally only entitled to a period of childcare leave; However, if the first period of childcare leave ends within eight weeks of the birth, she is entitled to a second leave. He is not entitled to a salary during such a leave, unless his employment contract or the employment rules of his employer provide otherwise. 1.4 Are the conditions implicit in employment contracts? In cases where it is established that a worker has “highly specialized skills” or is 60 years of age or older, an employment contract of up to five years is allowed. . . .
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