| Abstract [eng] |
Protection of Employees' Rights in Case of Transfer of Business or Part Thereof Undoubtedly, one of the main functions of the labour law is social function. The main purpose of this function is to ensure the interest of employees which are generally recognized as a weaker party in the employment relationship. The transfer of business or part thereof is one of that cases there these interests should be preserved carefully. In such a case, it is important that employees do not encounter negative consequences as a result of the desire of business entities to increase the efficiency of economic processes. It is vital not only to avoid unlawful dismissal, but also any other deterioration of their rights. The European Union is also concerned with the above-mentioned type of protection of employees' rights. For this purpose the Directive 2001/23/EC, which lays down rules that should be followed by all Member States, was adopted. All Member States are obliged to look carefully at the each specific case. Following the assessment guidelines developed by the Court of Justice of the European Union, when the national court establishes that economic entity retains its identity after certain structural adjustments, the automatic transfer of employees to a transferee takes place. Additionally, the transferee has an undisputed obligation to take over all rights acquired by employee in his previous workplace both in terms of employment contract or employment relationships, without the right to carry out any fundamental modifications. In other words, the principle of continuity and stability of labour relations must be ensured. Such protection should be considered as broad, because it also includes provisions deriving from collective agreements. In general, the duty of the transferee to respect not only the individual protection of employees but also certain collectively enforceable guarantees is emphasized. The employees must be adequately informed and consulted about the process of the transfer and their legal status, and, in particular cases, the employees’ representatives should be allowed to maintain their status in the event of integration into a new legal entity. |
