Transnational Acquisition

Below, you are asked a series of questions about the law of three nations, specifically, the U.S., Germany, and Chile. The situation is straightforward: a (selling) corporation owns assets that are worked on by a group of the seller’s employees, and then the corporation sells those assets to a buying corporation. Based on this situation, you are asked 10 questions under each of the three national laws. Note that the focus of each question is on public law requirements; none of these questions concerns any contractual understandings that a purchasing corporation and selling firm might agree to. The 10 questions are listed below. An answer template is provided for you. Or, if you prefer, you may create your own WORD version of the table and then simply insert your answers into the table you created and submit the result. Questions: Does the country’s public law ALLOW the purchasing corporation to hire the employees of the seller as “new” employees? (This would presumably entitle the purchaser to screen the “purchased and newly hired” employees with whatever applicable law allows in the way of job interviews, physical exams, drug tests, background checks, and denying those surviving these processes any seniority credit, etc.) Does the country’s public law REQUIRE the purchasing company to employ the employees of the seller essentially as “transferred” employees (who might well bring with them rights they accrued as a result of service with the seller corporation)? Can an employee of the selling corporation refuse to be transferred and retain employment-related rights with the seller? Does the country’s law generally ensure that no employees of the seller are involuntarily “left behind” as result of transaction? Does the country’s public law require the purchasing corporation to assume any pre-sale accrued obligations owing to employees? If “yes” to 5, please explain briefly. Does the country’s public law require the purchasing corporation to continue employing transferred employees for any particular period of time after the sale? (Only if applicable) Must purchaser pick up any works council agreement? If applicable, please answer question; if not applicable, indicate “not applicable.” Must purchaser assume the obligations of any union contract? If no to 9, can the purchaser be required at least to recognize any union representing the transferred employees and to negotiate a new labor contract with that union?