Transfer of Rights and Obligations from Labour Relations to the New Lessee

29.11.2016

The Supreme Court of the Czech Republic has recently dealt with a question of the transfer of rights and obligations from labour-law relations in connection with the termination of a lease of the premises designed for business (commercial premises).

In the given case the lessor terminated the lease of the commercial premises in which the lessee operated a coffee bar and concluded a lease agreement with a new lessee that also started to conduct a coffee bar in the premises.

According to the Supreme Court the rights and obligations from the labour-law relations transfer also in case of the termination of the lease of the commercial premises, if a new lease agreement is concluded and the new lessee continues with the tasks or activities of the original lessee or the activities of similar kind.

The Supreme Court is the opinion that the rights and obligations transfer also in the situation, when there is now contractual relation or any other relation between the original lessee and the new one and it is also not important if the original lessee leaves in the premises things that serve for the respective activity.