| Abstract [eng] |
Council Directive 2001/23/EC 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 undertakings or businesses is one of the oldest directives regulating employment relationships. Despite long regulative history, business transfer is one of the most complex European Union labour law institutes. The complexity is due to the fact that Directive 2001/23/EC uses a number of implied categories, such as business, part of a business, undertaking, part of an undertaking, economic entity, whose notions are not explicitly defined. The complexity of the concept of business transfer also results from by the changing business practices, the criteria set out by the case law of the European Union Court of Justice and national courts are not absolute, they also vary according to the specifics of business activity. In addition, in the abundance of court decisions it is difficult to select which of the criteria describing business transfers are relevant in a particular case. Therefore, the core of the doctoral study is a complex analysis of the requirements for business transfer established in Directive 2001/23/EC and formulated in the related case law of the European Union Court of Justice and the national courts. On the basis of this analysis, the doctoral study aims is to provide a coherent and versatile system of requirements defining business transfer under Directive 2001/23/EC. |
