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Part 3 · Effects of opening insolvency proceedings  ›  Division 2 · Performance of transactions. Cooperation of works council › Section 128

Sale of enterprise

(1) Application of sections 125 to 127 is not ruled out by the modification of the enterprise on which the reconciliation of interests or application for determination is based not being carried out until after the establishment has been sold. The establishment’s buyer is party to the proceedings pursuant to section 126.

(2) In the case of a transfer of an enterprise, the presumption in accordance with section 125 (1) sentence 1 no. 1 or the court decision pursuant to section 126 (1) sentence 1 also implies that termination of employment does not occur because of the transfer of an enterprise.

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