Keywords
Summary

Keywords

Social policy – Approximation of laws – Transfers of undertakings – Safeguarding of employees’ rights – Directive 2001/23

(Council Directive 2001/23, Arts 3(1), first para., and 4(1), first para.)

Summary

When the fixed-term employment contract of a temporary worker has ended, due to expiry of the agreed term, on a date earlier than that of the transfer of the activity to which he was assigned, the non-renewal of this contract because of that transfer does not disregard the prohibition set out in Article 4(1) of Directive 2001/23 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. Thus, that temporary worker is not to be regarded as still being available to the user company on the date of the transfer.

Accordingly, the worker is not, in principle, entitled to renewal of a fixed-term contract. The fact that the expiry date of such a contract precedes the date laid down for the transfer of the activity to which the worker was assigned cannot create such a right. The non‑renewal of a fixed-term temporary employment contract, due to the absence of a new agreement between the employer and the employee, cannot be regarded as dismissal within the meaning of Article 4(1) of Directive 2001/23, by which the employment contract or employment relationship is terminated by a unilateral decision of the employer.

(see paras 33-34, 37, operative part)