Keywords
Summary

Keywords

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1 . SOCIAL POLICY - APPROXIMATION OF LAWS - TRANSFERS OF UNDERTAKINGS - SAFEGUARDING OF EMPLOYEES' RIGHTS - DIRECTIVE 77/187 - SCOPE - LEASE - REPOSSESSION OF BUSINESS BY THE OWNER FOLLOWING BREACH OF THE LEASE BY THE LESSEE - INCLUDED

( COUNCIL DIRECTIVE 77/187, ARTICLE 1 ( 1 ) )

2 . SOCIAL POLICY - APPROXIMATION OF LAWS - TRANSFERS OF UNDERTAKINGS - SAFEGUARDING OF EMPLOYEES' RIGHTS - DIRECTIVE 77/187 - TRANSFER - CONCEPT

( COUNCIL DIRECTIVE 77/187, ARTICLE 1 ( 1 ) )

3 . SOCIAL POLICY - APPROXIMATION OF LAWS - TRANSFERS OF UNDERTAKINGS - SAFEGUARDING OF EMPLOYEES' RIGHTS - DIRECTIVE 77/187 - OBLIGATION OF TRANSFEREE TO CONTINUE TO OBSERVE THE TERMS AND CONDITIONS OF EMPLOYMENT AGREED IN A COLLECTIVE AGREEMENT - BENEFICIARIES - WORKERS NOT EMPLOYED BY THE UNDERTAKING AT THE TIME OF THE TRANSFER - EXCLUDED

( COUNCIL DIRECTIVE 77/187, ARTICLE 3 ( 2 ) )

Summary

1 . ARTICLE 1 ( 1 ) OF DIRECTIVE 77/187 ON THE SAFEGUARDING OF EMPLOYEES' RIGHTS IN THE EVENT OF TRANSFERS OF UNDERTAKINGS IS APPLICABLE WHERE THE OWNER OF A LEASED UNDERTAKING TAKES OVER ITS OPERATION FOLLOWING A BREACH OF THE LEASE BY THE LESSEE .

2 . ARTICLE 1 ( 1 ) OF DIRECTIVE 77/187 ENVISAGES THE TRANSFER OF A BUSINESS AS A GOING CONCERN . IN ORDER TO ASCERTAIN WHETHER THIS IS THE CASE, ACCOUNT MUST BE TAKEN OF ALL THE FACTUAL CIRCUMSTANCES SURROUNDING THE TRANSACTION IN QUESTION, INCLUDING, WHERE APPROPRIATE, THE TEMPORARY CLOSURE OF THE UNDERTAKING AND THE FACT THAT THERE WERE NO EMPLOYEES AT THE TIME OF THE TRANSFER, ALTHOUGH THESE FACTS ALONE DO NOT PRECLUDE THE APPLICABILITY OF THE DIRECTIVE, ESPECIALLY IN THE CASE OF A SEASONAL BUSINESS .

3 . ARTICLE 3 ( 2 ) OF DIRECTIVE 77/187 DOES NOT OBLIGE THE TRANSFEREE TO CONTINUE TO OBSERVE THE TERMS AND CONDITIONS AGREED IN ANY COLLECTIVE AGREEMENT IN RESPECT OF WORKERS WHO WERE NOT EMPLOYED BY THE UNDERTAKING AT THE TIME OF THE TRANSFER .