DIRECTIVE 2001 23 EC PDF

Asset deals: ▫ Council Directive /23/EC of 12 March on the approximation of the laws of the Member States relating to the. Council Directive /23/EC of 12 March on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the. consolidated in Directive /23 of 12 March ) . Council Directive /23/EC dated March 12, provides that in case the business.


DIRECTIVE 2001 23 EC PDF

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DIRECTIVE 2001 23 EC PDF


Consequently, an employee cannot waive his rights under the Directive, and those rights cannot be limited, not even with the employee's agreement, nor if the disadvantages resulting from renunciation are compensated for in such a way that the employee is not placed in a less favourable overall situation.

EN 2 EN As of 31 Augustthe Directive had formed the basis for 44 judgements of the Court of Justice, 40 of which concerned preliminary directive 2001 23 ec.

Transfers of Undertakings Directive - Wikipedia

This would appear to explain why there has directive 2001 23 ec only one judgement in this connection for transfers carried out after 17 July the deadline for transposition of the Directive. The entities concerned The Directive applies to transfers of undertakings, businesses, or parts of undertakings or businesses.

These can be grouped together under the more general heading "economic entity", which, for the purposes of the Directive, is understood directive 2001 23 ec mean an organised grouping of resources which has the objective of pursuing an economic activity.

In terms of the activity, the essential feature directive 2001 23 ec characterises an entity as an undertaking or business is the pursuance of an economic activity, in other words, the fact that it provides goods or services on the market.

DIRECTIVE 2001 23 EC PDF

Activities involving the exercise of public authority do not fall within the scope of the Directive. Transfers involving seagoing vessels are explicitly excluded from the Directive.

Transfers of Undertakings Directive 2001

Nevertheless, national provisions transposing the Directive also apply to seagoing vessels in 12 Member States cf. Annex I, question 1.

DIRECTIVE 2001 23 EC PDF

Protected employees The term "employee" refers to any person who, in the Member State concerned, is protected as an employee under national employment legislation. Directive 2001 23 ec employees are protected, including those employed under a fixed-term contract, and part-time employees.

EUR-Lex - L - EN - EUR-Lex

Material scope For a transfer to be deemed to exist, two conditions must be met: Change of employer There must be a change, in directive 2001 23 ec of contractual relations, in the legal or natural person who is responsible for the performance of the activity and who assumes the obligations of an employer with respect to the employees of the entity.

The transfer of ownership of the majority of the shares in an undertaking or a change in the majority of shareholders does not constitute a transfer because the directive 2001 23 ec personality of the employer is unchanged.

The Commission considers that a revision of the Directive, extending the definition of "transfer" to include a change of control, as proposed by the European Confederation of Trade Unions cf.

  • EUR-Lex Access to European Union law

Annex I, question 4is not justified at this stage. Retention of identity Retention of identity is marked both by the continuation by the new employer of the same activities and by the continuity of its workforce, its management staff, the way in which its work directive 2001 23 ec organized, its operating methods or the operational resources available to it.

It is up to the national courts to judge, in the light of the following criteria, whether or not there has been a transfer: These are, however, merely single factors in the overall assessment which must be made and cannot therefore be considered in isolation.

The Irish authorities have proposed revising the definition of "transfer" in order to clarify how the Directive should be applied to cases where activities are outsourced, i. The Commission is of the opinion that the definition of "transfer" contained in the Directive, as interpreted by the Court of Justice, directive 2001 23 ec sufficiently broad to achieve its aim of directive 2001 23 ec employees in the event of a change of employer in the very different situations which are likely to exist in 25 Member States.

Consequently, the Commission considers that a revision of this concept is not justified at present. The Commission and some Member States cf.

Annex I, questions 1.



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