Case C‑336/15

Unionen

v

Almega Tjänsteförbunden
and
ISS Facility Services AB

(Request for a preliminary ruling from the Arbetsdomstolen)

(Reference for a preliminary ruling — Social policy — Directive 2001/23/EC — Article 3 — Safeguarding of employees’ rights in the event of transfers of undertakings — Collective agreements applicable to the transferee and the transferor — Additional periods of notice granted to dismissed workers — Account to be taken of the length of service with the transferor)

Summary — Judgment of the Court (Tenth Chamber), 6 April 2017

Social policy — Approximation of laws — Transfers of undertakings — Safeguarding of employees’ rights — Directive 2001/23 — Rights and obligations within the meaning of Article 3 — Obligation of the transferee to take into account, when dismissing an employee more than one year after the transfer of the undertaking, the length of service which that employee acquired with the transferor, in the calculation of that employee’s overall length of service

(Council Directive 2001/23, Art. 3)

Article 3 of Council Directive 2001/23/EC of 12 March 2001 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 must be interpreted as meaning that, in circumstances such as those in the case in the main proceedings, the transferee must, when dismissing an employee more than one year after the transfer of the undertaking, include, in the calculation of that employee’s length of service, which is relevant for determining the period of notice to which that employee is entitled, the length of service which that employee acquired with the transferor.

(see para. 33, operative part)