TRANSFER OF UNDERTAKINGS Flashcards
DIRECTIVE 17/187
SAFEGUARDING EMPLYOYEE RIGHTS IN THE EVENT OF A TRANSFER OF UNDERTAKINGS
DIRECTIVE 2001/23
AUTOMATIC TRANSFERRAL OF EMPLOYMENT RELATIONSHIP
PROTECTION AGAINST DISMISSAL SUBJECT TO ECONOMIC, TECHNICAL OR ORGANISATIONAL ISSUES
DIRECTIVE 2001/23
LANDSORGANASATIONEN I DANMARK
TO RENDER IRRELEVANT ANY CHANGES OF OWNERSHIP WITH REGARDS TO MEPLOYMENT RELATIONSHIPS WITHIN IT.
1.PERSON UNDER A CONTRACT OF EMPLOYMENT
2. LIABLE TO PAY WAGES
3. RETENTION OF IDENTITY OF COMPANY
TRANSFER OF UNDERTAKINGS
REG 4
RIGHTS AND OBLIGATIONS OF EMPLOYEE ARE TRANSFERRED.
WERHOF V FREEWAY
PLAINTIFF IS NOT SUBJECT TO COLLECTIVE AGREEMENT WHICH WAS NOT IN FORCE AT TIME OF TRANSFER OF UNDERTAKINGS.
KEY ISSUE (TUPE)
RETENTION OF IDENTITY.
REG 5(1)
DISMISSALS ARE PROHIBITED WHERE IT IS BY VIRTUE OF TRANSFER OF UNDERTAKINGS.
ETO DEFENCE
REG 5(2)
MORRIS V SMART BROTHERS
REDUNDANCY AS JUSTIFIABLE GROUND FOR DISMISSAL
SOCIAL AIM OF DIRECTIVE
PROTECTION OF EMPLOYEES WHO HAVE BEEN SUBJECT TO TRANSFER OF UNDERTAKINGS.