The European Law regarding the Impact of Merger on Employees’ Rights
The regulation of the social implications of transfers of undertakings is a topic that has made its way in the European law with quite enough difficulty, but became in time an increasingly discussed topic. Since the transfer of an undertaking from an employer to another could not be achieved with d...
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| Format: | Article |
| Language: | English |
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European Institute of Romania
2013-06-01
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| Series: | Romanian Journal of European Affairs |
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| Online Access: | https://rjea.ier.gov.ro/wp-content/uploads/articole/RJEA_2013_vol13_no2_art2.pdf |
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| Summary: | The regulation of the social implications of transfers of undertakings is a topic
that has made its way in the European law with quite enough difficulty, but became in time an increasingly discussed topic. Since the transfer of an undertaking from an employer to another could not be achieved with disregard of its human capital, the European legislator has established a legal framework ensuring the safeguarding of employees’ rights in the event of transfers of undertakings. Currently, the main legal basis in the field consists of Council Directive 2001/23/EC on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses – the Transfer Directive. The paper aims to achieve a critical analysis of European regulations on the protection of employees’ rights in the event of transfer of undertakings as a result of a merger. The scope of the Transfer Directive, the obligation to inform and consult employees in advance and the transfer of rights and obligations arising from the contract of employment as a result of a merger are being approached. In the study, matters on which the current European legal framework requires improvements so that the achieving of its objective be possible beyond interpretation and controversy are highlighted.
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| ISSN: | 1582-8271 1841-4273 |