ECJ 8 May 2019, case C‑194/18 (Dodič), Transfer of undertakings, Transfer

Jadran Dodič – v – Banka Koper, Alta Invest, Slovenian case

ECJ 8 May 2019, case C‑194/18 (Dodič), Transfer of undertakings, Transfer

Jadran Dodič – v – Banka Koper, Alta Invest, Slovenian case

2019/7 Municipalities’ repatriation of home care services did not constitute a transfer of undertaking (DK)

The Danish Western High Court recently ruled that the Danish Act on Employees’ Rights on Transfers of Undertakings did not apply to two municipalities’ repatriation of home care services after a private-sector service provider went bankrupt.

2019/7 Municipalities’ repatriation of home care services did not constitute a transfer of undertaking (DK)

The Danish Western High Court recently ruled that the Danish Act on Employees’ Rights on Transfers of Undertakings did not apply to two municipalities’ repatriation of home care services after a private-sector service provider went bankrupt.

2018/30 Harmonising terms of employment following a transfer is no simple matter (NL)

The transferee in this case attempted to replace the transferred employees’ salaries with lower in accordance with its collective agreement, compensating for the reduction by means of a ‘personal allowance’, which it then proceeded to reduce by a set percentage based on the age of the employees each time there was a wage increase. The court held that this ‘basket comparison’ method of harmonising the wages of old and new staff was at odds with Directive 2001/23, rejecting the transferee’s argument that the ‘ETO’ provision in that directive permits such an amendment of the terms of employment.

2018/30 Harmonising terms of employment following a transfer is no simple matter (NL)

The transferee in this case attempted to replace the transferred employees’ salaries with lower in accordance with its collective agreement, compensating for the reduction by means of a ‘personal allowance’, which it then proceeded to reduce by a set percentage based on the age of the employees each time there was a wage increase. The court held that this ‘basket comparison’ method of harmonising the wages of old and new staff was at odds with Directive 2001/23, rejecting the transferee’s argument that the ‘ETO’ provision in that directive permits such an amendment of the terms of employment.

2018/8 Insourcing of fitness services by hotel constitutes a transfer of undertaking (IT)

A change of service provider may amount to the transfer of an undertaking. While this should not be surprising in itself, the authors discuss recent changes in Italian law in this case report.

ECJ 19 October 2017, case C-200/16 (Securitas), Transfer of undertaking, Transfer

If a company terminates its contract with one business for the provision of security guard services at its facilities and then makes a new contract for the supply of the same services with another business – but that second business refuses to take on the employees of the first – the situation may be an transfer of an undertaking if the equipment essential to the performance of those services has been taken over by the second business. Further, under the Acquired Rights Directive Member States must ensure that if a business loses a service contract to another operator, this can be treated as a transfer.

2018/8 Insourcing of fitness services by hotel constitutes a transfer of undertaking (IT)

A change of service provider may amount to the transfer of an undertaking. While this should not be surprising in itself, the authors discuss recent changes in Italian law in this case report.

ECJ 19 October 2017, case C-200/16 (Securitas), Transfer of undertaking, Transfer

If a company terminates its contract with one business for the provision of security guard services at its facilities and then makes a new contract for the supply of the same services with another business – but that second business refuses to take on the employees of the first – the situation may be an transfer of an undertaking if the equipment essential to the performance of those services has been taken over by the second business. Further, under the Acquired Rights Directive Member States must ensure that if a business loses a service contract to another operator, this can be treated as a transfer.