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Transfer of Undertaking in the European Union: A comparative analysis


ISBN13: 9789403544717
Published: December 2025
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback
Price: £132.00



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Transfer of Undertaking in the European Union is a very useful book reporting on the ways Directive 2001/23 on the safeguarding of employees’ rights in the event of transfers of undertakings has been implemented in the national legal systems of 18 Member States (representing all the different European legal traditions) clarifying the degree of effectiveness, critical issues, shortcomings, and potential remedies in each country and across the European Union (EU).

What’s in this book:

In a country-by-country format, local experts provide detailed commentary and analysis of the relevant laws, regulations, and case law in each jurisdiction, with attention to the following issues and topics:

  • employers’ obligations
  • legal procedures for implementing transfer
  • protections from dismissal
  • guarantees for workers’ and employees’ rights
  • employers’ duty of information and consultation
  • liabilities of transferor and transferee;=
  • insolvency and restructuring proceedings;=
  • application of collective bargaining agreements, and
  • cross-border transfer of an employing undertaking

A concluding chapter by the editors summarizes common elements and recommendations. How this will help you: In an economic landscape where phenomena such as production decentralization, outsourcing, company relocation, and the spread of service contracts cause significant social costs and job losses – and given the consequent frequency of disputes that are brought before Labour Courts and the European Court of Justice – this research will prove of great value to labour lawyers, judges, company managers, and concerned academics in verifying whether European and national laws on transfer of undertaking are sufficient to manage, from a labour perspective, the corporate and business movements that will reposition the EU economy in the coming years.

Subjects:
Employment Law
Contents:
Introduction
Roberto Cosio, Vincenzo Di Cerbo, Filippo Curcuruto & Giovanni Mammone

CHAPTER 1. Bulgaria: Change of Employer in Bulgaria
Krassimira Sredkova
CHAPTER 2. Croatia: Employees’ Rights in the Event of Transfers of Undertakings, Businesses or Parts of Undertakings or Businesses in Croatia
Antonija Zubovic & Mihaela Braut Filipovic
CHAPTER 3. Cyprus: Employees’ Rights in the Event of Transfers of Undertakings, Businesses or Parts of Undertakings or Businesses in Cyprus
Nicos Trimikliniotis
CHAPTER 4. Czechia
Lubomír Ptácek
CHAPTER 5. Denmark
Mette Klingsten
CHAPTER 6. Estonia
Merle Erikson
CHAPTER 7. France
Michel Blatman
CHAPTER 8. Germany: Impact of New Work on the Transfer of Undertakings under German Law
Friederike Fritzsche & Benjamin Münnich
CHAPTER 9. Hungaria: Legal Succession in Hungarian Labour Law Upon a Transfer of Business Within the Meaning of Directive 2001/23/EC
Yvett Varga
CHAPTER 10. Ireland
Anthony Kerr
CHAPTER 11. Italy: The Transfer of Undertakings in Italy and in the Framework of European Union Law
Roberto Cosio, Filippo Curcuruto, Vincenzo Di Cerbo & Giovanni Mammone
CHAPTER 12. Lithuania
Diana Labokaite
CHAPTER 13. Poland: Selected Issues in a Transfer of a Workplace (or Its Part) under Polish Law
Agnieszka Goduslawska & Agnieszka Lisiecka
CHAPTER 14. Portugal
Júlio Gomes
CHAPTER 15. Romania
Cristina Tudoran
CHAPTER 16. Slovakia
Jan Augustin
CHAPTER 17. Slovenia: Transfer of Undertaking from Employment Law Perspective
Iris Pensa & Nina Bakovnik
CHAPTER 18. Spain
Alejandro Rausell
CHAPTER 19. Final Remarks and Conclusions: Directive 2001/23—An Open Yard
Roberto Cosio, Vincenzo Di Cerbo, Filippo Curcuruto & Giovanni Mammone