Overview

In order to understand the law on the posting of employees under company law in its entirety, it is essential that sufficient attention is paid to the economic implications of the associated measures in addition to their legal enforceability. Their relevance is particularly evident in the granting of secondment rights and the associated transfer options, whereby harmony within the company must also be taken into account as a factor. In this respect, the continued reluctance to issue share-based transfer rights in practice is not surprising. The requirement of consent in this case represents a barrier that protects against a gross deterioration of the internal company situation, but has a clearly limited scope of protection. This and other legal and economic comparisons are discussed in this work. The explanations range from the appointment and dismissal of a delegated supervisory board member to the anchoring of these rights in syndicate law and the articles of association. In future, a coherent and practice-oriented approach must be created.

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