Subletting a restaurant without terminating the previous lease constitutes taking over the business under Article 23 of the Labor Code.

The Supreme Court quashed the lower court's dismissal of the plaintiff's claim, ruling that subletting the restaurant without terminating the prior lease constituted taking over the business. The court found that the previous lessee had not formally ended employment contracts, and the new lessee's assumption of the premises and workforce continued the existing labor relations. Consequently, the court determined that the change in the lessor did not terminate the employment relationship, necessitating a retrial to address the plaintiff's specific claims.