Keywords
Summary

Keywords

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1. Social policy ° Approximation of laws ° Transfers of undertakings ° Directive 77/187 ° Objection by an employee to the transfer of his contract of employment to the transferee ° Whether permissible ° Requirement for Member States to provide that the contract should continue with the transferor in the event that the employee refuses to work for the transferee ° None

(Council Directive 77/187, Art. 3(1))

2. Social policy ° Approximation of laws ° Transfers of undertakings ° Directive 77/187 ° National laws, regulations or administrative provisions within the meaning of Article 7 ° Meaning ° Taking account of the interpretation of provisions by the national courts

(Council Directive 77/187, Art. 7)

Summary

1. Article 3(1) of Directive 77/187 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings is to be interpreted as not precluding an employee of the transferor on the date of the transfer of the undertaking, within the meaning of Article 1(1) of the directive, from objecting to the transfer of his contract of employment or employment relationship to the transferee.

The directive does not, however, require Member States to provide that, in the event of the employee deciding of his own accord not to continue with the contract of employment or employment relationship with the transferee, the contract or relationship should be maintained with the transferor. Neither does the directive preclude this. In such a case, it is for the Member States to determine what the fate of the contract of employment or employment relationship with the transferor should be.

2. The expression "laws, regulations or administrative provisions" within the meaning of Article 7 of Council Directive 77/187 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings must be understood as meaning the laws, regulations or administrative provisions of a Member State as they are interpreted by the courts of that State.