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Section 186 Scope of applicability
BGB 613a. 1 If a business or part of a business passes to another owner by legal transaction , then the latter succeeds to the rights and duties under the employment relationships existing at the time of transfer . If these rights and duties are governed by the legal provisions of a collective agreement or by a works agreement , then they become part of the employment relationship between the new owner and the employee and may not be changed to the disadvantage of the employee before the end of the year after the date of transfer . Sentence 2 does not apply if the rights and duties with the new owner are governed by the legal provisions of another collective agreement or by another works agreement . Prior to expiry of the period of time under sentence 2 , the rights and duties may be changed if the collective agreement or the works agreement no longer applies or , where it is not the case that both parties are bound by a collective agreement in the scope of applicability of another collective agreeme nt , the application of that collective agreement is agreed between the new owner and the employee .
BGB 622. 4 Provisions differing from subsections ( 1 ) to ( 3 ) may be agreed in collective agreements . Within the scope of applicability of such a collective agreement , the different collective agreement provisions between employers and employees who are not subject to collective agreements apply if the application of collective agreements has been agreed between them .
Article 123 Continued applicability of pre-existing law