2014/53 Supreme Court allows new probationary period provided its intent is not to evade the prohibition against dismissal in connection with transfer (CZ)

The transfer of an undertaking occurs when a contract with a franchisee is terminated and the franchisor immediately starts running the same business on the same premises.

When the franchisee in this case agrees to the termination of employment of its employees, the franchisor may, in this case, validly agree new employment contracts under new terms even though the employees actually perform their work without interruption. Moreover the new terms may, under some circumstances, also contain a new probationary period.

2014/53 Supreme Court allows new probationary period provided its intent is not to evade the prohibition against dismissal in connection with transfer (CZ)

The transfer of an undertaking occurs when a contract with a franchisee is terminated and the franchisor immediately starts running the same business on the same premises.

When the franchisee in this case agrees to the termination of employment of its employees, the franchisor may, in this case, validly agree new employment contracts under new terms even though the employees actually perform their work without interruption. Moreover the new terms may, under some circumstances, also contain a new probationary period.

2014/14 Distinction asset-intensive/labour intensive not decisive; all Spijkers criteria relevant (NL)

The transfer of part of a business under the transfers of undertakings rules can occur without assets being transferred from one party to the other. The Dutch Supreme Court recently found such a transfer to have occurred without assessing whether the business in question was asset-reliant or labour-reliant. The other ‘Spijkers criteria’ took precedence.

2014/14 Distinction asset-intensive/labour intensive not decisive; all Spijkers criteria relevant (NL)

The transfer of part of a business under the transfers of undertakings rules can occur without assets being transferred from one party to the other. The Dutch Supreme Court recently found such a transfer to have occurred without assessing whether the business in question was asset-reliant or labour-reliant. The other ‘Spijkers criteria’ took precedence.

ECJ 6 March 2014, case C-458/12 (Lorenzo Amatori and others - v - Telecom Italia SpA and Telecom Italia Information Technology Srl), Transfer of undertaking, Transfer

In February 2012, Telecom Italia carried out an internal reorganisation. Before the...

ECJ 6 March 2014, case C-458/12 (Lorenzo Amatori and others - v - Telecom Italia SpA and Telecom Italia Information Technology Srl), Transfer of undertaking, Transfer

In February 2012, Telecom Italia carried out an internal reorganisation. Before the...

2014/1 Transfer of undertaking may happen in unexpected cases (CZ)

There is a transfer of an undertaking not only in cases where the employer’s undertaking, or part of it, is transferred to another employer based on an agreement or other legal reason but also where a company ceases to trade and another company owned by the same people starts to perform the same activities in the same premises, for the same clients but without any agreement on the transfer of the business itself, but where equipment has been contractually transferred between the two companies.

2014/1 Transfer of undertaking may happen in unexpected cases (CZ)

There is a transfer of an undertaking not only in cases where the employer’s undertaking, or part of it, is transferred to another employer based on an agreement or other legal reason but also where a company ceases to trade and another company owned by the same people starts to perform the same activities in the same premises, for the same clients but without any agreement on the transfer of the business itself, but where equipment has been contractually transferred between the two companies.

2014/40 Nature of activity, including asset/labour intensiveness, determines existence of transfer (HU)

Earlier this year, the Supreme Court of Hungary decided that there is no transfer of an undertaking where the activity concerned is labour-intensive and no staff or immaterial assets transfer.

2014/40 Nature of activity, including asset/labour intensiveness, determines existence of transfer (HU)

Earlier this year, the Supreme Court of Hungary decided that there is no transfer of an undertaking where the activity concerned is labour-intensive and no staff or immaterial assets transfer.