Keywords
Summary

Keywords

1 . SOCIAL POLICY - APPROXIMATION OF LEGISLATION - TRANSFERS OF UNDERTAKINGS - SAFEGUARDING OF EMPLOYEES ' RIGHTS - DIRECTIVE NO 77/187 - SCOPE - EMPLOYEES ENJOYING SOME PROTECTION AGAINST DISMISSAL UNDER NATIONAL LAW - INCLUSION

( COUNCIL DIRECTIVE NO 77/187 , ART . 4 ( 1 ))

2 . COMMUNITY LAW - SCOPE - OBJECTIVE DETERMINATION - UNILATERAL DETERMINATION BY A MEMBER STATE - NOT PERMISSIBLE

Summary

1 . ARTICLE 4 ( 1 ) OF DIRECTIVE NO 77/187 IS DESIGNED TO ENSURE THAT EMPLOYEES ' RIGHTS ARE MAINTAINED BY EXTENDING THE PROTECTION AGAINST DISMISSAL BY THE EMPLOYER AFFORDED BY NATIONAL LAW TO COVER THE CASE IN WHICH A CHANGE IN EMPLOYER OCCURS UPON THE TRANSFER OF AN UNDERTAKING .

THAT PROVISION APPLIES TO ANY SITUATION IN WHICH EMPLOYEES AFFECTED BY A TRANSFER ENJOY SOME , ALBEIT LIMITED , PROTECTION AGAINST DISMISSAL UNDER NATIONAL LAW , WITH THE RESULT THAT , UNDER THE DIRECTIVE , THAT PROTECTION MAY NOT BE TAKEN AWAY FROM THEM OR CURTAILED SOLELY BECAUSE OF THE TRANSFER .

2 . A MEMBER STATE MAY NOT RESTRICT THE SCOPE OF A DIRECTIVE BY MEANS OF A NOTIFICATION , NOT EVEN IF MADE IN ACCORDANCE WITH A STATEMENT IN THE COUNCIL MINUTES , SINCE THE TRUE MEANING OF RULES OF COMMUNITY LAW CAN BE DERIVED ONLY FROM THOSE RULES THEMSELVES , HAVING REGARD TO THEIR CONTEXT .