1. TRANSFER OF UNDERTAKINGS IN EU LAW
Tamás Gyulavári

2. SOCIAL POLICY AND EMPLOYMENT
Legal harmonization
Equal treatment
Labour law & social dialogue
Health and safety legislation
Open method of co-ordination
Employment policy
Social protection
Social inclusion

3. General remarks on EU social and employment policy
The acquis on statistics consists of:
legislation which is directly applicable in the Member States, mostly Directives
Soft-law
ECJ case-law

4. LABOUR LAW Information and consultation Restructuring Atypical forms
Working time
Informing employees
Young workers
Posting

5. Restructuring of enterprises

6. Overview Issue EU legislation Collective dismissal Directive 98/59/EC
Insolvency of the employer
Directive 2008/94/EC
„Insolvency directive”
Transfer of undertakings
Directive 2001/23/EC
„Transfer directive”

7. Transfer of undertakings

9. A MunkAJOGI jogutódlás uniós jogi szabályai
77/187/EEC
98/50/EC Directives
2001/23/E
ECJ case law

10. Features of the directive
Firstly adopted in 1977
Aim: securing employees’ rights in case of transfer of business, or parts of a business
The employment relationship with the transferor remains intact and goes on with the transferee (as the new employer)

11. PLEASE, READ:
DIRECTIVE 2001/23
ARTICLE 1 and 3

12. 1. This Directive shall apply to any transfer of an undertaking, business, or part of an undertaking or business to another employer as a result of a legal transfer or merger.

13. Subject to subparagraph (a) and the following provisions of this Article, there is a transfer within the meaning of this Directive where there is a transfer of an economic entity which retains its identity, meaning an organised grouping of resources which has the objective of pursuing an economic activity, whether or not that activity is central or ancillary.

14. Definition of the transfer
Legal transfer or merger
e.g. succession
B) Transfer of an economic entity which retains its identity, meaning an organised group of resources which has the objective of pursuing an economic activity, whether or not that activity is central or ancillary.
In public/private/nonprofit sphere

15. Transfer of rights and obligations
Transferor(A)
TRANSFER
Transferee (B)
Transfer of rights and obligations
Rights and obligations
Rights and obligations
Employees
Employees

16. 3. The transferor's rights and obligations arising from a contract of employment or from an employment relationship existing on the date of a transfer shall, by reason of such transfer, be transferred to the transferee.

17. Member States may provide that, after the date of transfer, the transferor and the transferee shall be jointly and severally liable in respect of obligations which arose before the date of transfer from a contract of employment or an employment relationship existing on the date of the transfer.

18. 4. The transfer of the undertaking, business or part of the undertaking or business shall not in itself constitute grounds for dismissal by the transferor or the transferee. This provision shall not stand in the way of dismissals that may take place for economic, technical or organisational reasons entailing changes in the workforce.

19. Consequence of a transfer
The transferor's rights and obligations arising from a contract of employment existing on the date of a transfer shall, by reason of such transfer, be transferred to the transferee.
Employee might contradict, if national law enables this
Dismissal can not be based solely on the transfer

20. PLEASE, READ:
DIRECTIVE 2001/23
ARTICLE 7

21. 3. Following the transfer, the transferee shall continue to observe the terms and conditions agreed in any collective agreement on the same terms applicable to the transferor under that agreement, until the date of termination or expiry of the collective agreement or the entry into force or application of another collective agreement. Member States may limit the period for observing such terms and conditions with the proviso that it shall not be less than one year.

22. Ascpects of collective labour law
Information and consultations with workers’ representatives during the process
Collective agreement has to be upheld, until the date of termination/expiry or the entry into force of another CA, or (optional) to a max. of at least 1 year
Representation in works councils shall be guaranteed

23. Thank you for your attention 
Tamás Gyulavári