| Abstract [eng] |
Transfer of Undertaking, Business or Parts Thereof in the European Community and Lithuanian Labour Law Due to Lithuania’s accession to the European Union and adoption of acquis communautaire of the European Community, the concept of transfer of undertaking, business or part thereof has become a matter of relevance to the Lithuanian labour law. The sphere of transfer of undertaking, business or parts thereof at the European Community level is regulated by Directive 77/187/EEC as amended by Directive 2001/23/EC. However, application of these directives is problematic because of uncertainty of the used terms ‘undertaking’, ‘part of undertaking’, ‘part of business’, which determine the scope of application. In this field the practice of ECJ is of great importance. Although the perception of ECJ of the scope of application of the Directive 2001/23/EC has been changing, its practice is useful because of the criteria set therein, which helps to determine whether the transfer of undertaking, business or part of business has occurred. The regulation of transfer of undertaking, business or parts thereof in the Directive 2001/23/EC is important due to of its influential nature to the implementation of individual and collective labour rights. On the other hand, the conformity of regulation in this sphere under Lithuanian labour law with the Directive 2001/23/EC is questionable for many reasons. The provisions regulating the transfer of undertaking, business or parts thereof, legal status of employees, safeguard of collective interests and rights in Labour Code can be criticized because of their fragmentary and uncertain nature. For this reason, importance of practice of Lithuania’s Highest Court and proposed amendments of Labour Code is increasing. |
