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.

ECJ 6 April 2017, case C 336/15 (Unionen), Transfer of undertakings

A transferee must, when dismissing an employee over a year after a transfer of the undertaking, include the time he or she worked for the transferor in calculating the employee’s length of service, as this is relevant for determining the period of notice to which the employee is entitled.

ECJ 6 April 2017, case C 336/15 (Unionen), Transfer of undertakings

A transferee must, when dismissing an employee over a year after a transfer of the undertaking, include the time he or she worked for the transferor in calculating the employee’s length of service, as this is relevant for determining the period of notice to which the employee is entitled.

Case C-60/17. Transfer of undertakings

Does Article 1(1) of Council Directive 2001/23/EC of 12 March 2001 on the approximation of the...

Case C-60/17. Transfer of undertakings

Does Article 1(1) of Council Directive 2001/23/EC of 12 March 2001 on the approximation of the...

ECJ 22 June 2017, case C-126/16 (Smallsteps), Transfer of undertakings

A ‘pre-pack’ agreement is outside the scope of Article 5 of the Acquired Rights Directive. In this situation, the protection of workers guaranteed by Articles 3 and 4 of that directive is maintained.

ECJ 22 June 2017, case C-126/16 (Smallsteps), Transfer of undertakings

A ‘pre-pack’ agreement is outside the scope of Article 5 of the Acquired Rights Directive. In this situation, the protection of workers guaranteed by Articles 3 and 4 of that directive is maintained.