Keywords
Summary

Keywords

Social policy ° Approximation of laws ° Transfers of undertakings ° Safeguarding of employees' rights ° Directive 77/187 ° Automatic transfer of all contracts of employment and employment relationships to the transferee by the mere fact of the transfer of the undertaking ° Contrary intention of the transferor or transferee or refusal by the latter to fulfil his obligations ° No effect ° Date of coming into effect ° Date of the transfer

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

Summary

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, businesses or parts of businesses is to be interpreted as meaning that the contracts of employment and employment relationships existing on the date of the transfer of an undertaking between the transferor and the workers employed in the undertaking transferred are automatically transferred from the transferor to the transferee by the mere fact of the transfer of the undertaking, despite the contrary intention of the transferor or transferee and despite the latter' s refusal to fulfil his obligations. In addition, the transfer of the contracts of employment and employment relationships necessarily takes place on the date of the transfer of the undertaking and cannot be postponed to another date at the will of the transferor or transferee. That all follows from the mandatory nature of the protection afforded to workers by the directive.