Keywords
Summary

Keywords

1 Social policy - Approximation of laws - Transfers of undertakings - Safeguarding of employees' rights - Directive 77/187 - Scope - Whole or partial transfer of the assets of an undertaking in voluntary liquidation - Included

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

2 Social policy - Approximation of laws - Transfers of undertakings - Safeguarding of employees' rights - Directive 77/187 - Objection by a worker to the transfer of his contract to the transferee - Whether permissible - Substantial change in working conditions by reason of the transfer - Termination attributable to the employer

(Council Directive 77/187, Arts 3(1), and 4(2))

Summary

3 Article 1(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, must be interpreted as meaning that the directive applies where a company in voluntary liquidation transfers all or part of its assets to another company from which the worker then takes his orders which the company in liquidation states are to be carried out.

4 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, does not preclude a worker employed by the transferor at the date of the transfer of an undertaking from objecting to the transfer of his contract of employment or employment relationship to the transferee, provided he decides to do so of his own accord. It is for the national court to determine whether the contract of employment proposed by the transferee involves a substantial change in working conditions to the detriment of the worker. If it does, Article 4(2) of the directive requires Member States to provide that the employer is to be considered responsible for the termination.