Transfer of Undertaking in the European Union: A Comparative Analysis

STUDIES IN EMPLOYMENT AND SOCIAL POLICY#60

The European Union’s (EU’s) elaborate discipline regarding the protection of the rights of workers affected by a transfer of undertaking has given rise to varying interpretations among Member States. This very useful book reports on the ways Directive 2001/23 on the safeguarding of employees’ rights in the event of transfers of undertakings has been implemented in the national legal systems of 18 Member States (representing all the different European legal traditions) clarifying the degree of effectiveness, critical issues, shortcomings, and potential remedies in each country and across the EU.

In a country-by-country format, local experts provide detailed commentary and analysis of the relevant laws, regulations, and case law in each jurisdiction, with attention to such issues and topics as the following:

• employers’ obligations;

• legal procedures for implementing transfer;

• protections from dismissal;

• guarantees for workers’ and employees’ rights;

• employers’ duty of information and consultation;

• liabilities of transferor and transferee;

• insolvency and restructuring proceedings;

• application of collective bargaining agreements; and

• cross-border transfer of an employing undertaking.

A concluding chapter by the editors summarizes common elements and recommendations.

In an economic reality where phenomena such as production decentralization, outsourcing, company relocation, and the spread of service contracts cause significant social costs and job losses - and given the consequent frequency of disputes that are brought before Labour Courts and the European Court of Justice - this research will prove of great value to labour lawyers, judges, company managers, and concerned academics in verifying whether European and national laws on transfer of undertaking are sufficient to manage, from a labour perspective, the corporate and business movements that will reposition the EU economy in the coming years.