Claims to care regulated by collective agreements, which are in accordance with Section 613a Para. 1 Sentence 2 BGB The content of the employment relationship with the new employer cannot, according to the decision of the Third Senate of November 13, 2007 ( 3 AZR 191/06 ), be replaced by a company agreement existing with the purchaser by means of a “cross-over replacement”.
Outside the area of enforceable co-determination by the works council, a cross-replacement of the legal norms of a collective agreement with the provisions of a works agreement is not possible. Although the works council also has a right to company pension benefits in accordance with Section 87 Para. 1 No. 8, No. 10 BetrVG; What is crucial, however, is that the subject of “retirement provision” is only partially co-determined.
This means that there is a lack of necessary congruence in the scope of the “enforceable” regulatory power of the collective bargaining parties on the one hand and the company parties on the other.