In its judgment of January 31, 2008 ( 8 AZR 27/07 ), the Eighth Senate decided that part-time retirement employment in the event of a transfer of business in accordance with Section 613a Para. 1 Sentence 1 BGB is also transferred to the business purchaser if the employee is in the release phase of his part-time retirement employment relationship at the time of the transfer.
The assignment of employment relationships in which there is no longer any obligation to work to a specific part of the company must be based on the last job held. In its judgment of October 30, 2008 ( 8 AZR 54/07 ), the Eighth Senate decided that the principles for the transfer of a part-time retirement employment relationship in the so-called block model after the end of the working phase also generally apply to a business acquisition after the opening of insolvency.
In this case, the already established remuneration claims of the part-time retirement employee who is not required to work are insolvency claims for which the business purchaser is not liable.