ECJ 4 December 2014, case C-413/13 (FNV Kunsten Informatie en Media – v – Staat der Nederlanden), Collective agreements, Social dumping

FNV is an association of employees, i.e. a union. Together with an association of self-employed...

ECJ 4 December 2014, case C-413/13 (FNV Kunsten Informatie en Media – v – Staat der Nederlanden), Collective agreements, Social dumping

FNV is an association of employees, i.e. a union. Together with an association of self-employed...

2015/1 No obligation to inform employee representatives of transfer of business entity until final agreement (FI)

The management of a company informed the employee representatives that part of the company’s business – its stone building materials department – had been sold. It did so immediately after the purchase agreement was executed, 7½ hours before the transfer of ownership. The two responsible directors were prosecuted for violation of the Finnish Act on Co-operation within Undertakings (the “Codetermination Act”). At first instance, they were fined, but on appeal the court acquitted them. The Court of Appeal found that there was no legal obligation to inform the employee representatives until after reaching final agreement on the transfer of an undertaking and that the directors had informed the representatives “in good time” as provided by the law transposing Article 7 of the Acquired Rights Directive in Finland.

2015/1 No obligation to inform employee representatives of transfer of business entity until final agreement (FI)

The management of a company informed the employee representatives that part of the company’s business – its stone building materials department – had been sold. It did so immediately after the purchase agreement was executed, 7½ hours before the transfer of ownership. The two responsible directors were prosecuted for violation of the Finnish Act on Co-operation within Undertakings (the “Codetermination Act”). At first instance, they were fined, but on appeal the court acquitted them. The Court of Appeal found that there was no legal obligation to inform the employee representatives until after reaching final agreement on the transfer of an undertaking and that the directors had informed the representatives “in good time” as provided by the law transposing Article 7 of the Acquired Rights Directive in Finland.

2015/40 The nature of a transferred activity, including its asset or labour intensiveness, determines the existence of a transfer of undertaking (HU)

In the case of an asset-intensive business, a transfer of undertaking may occur if the tangible assets are transferred, even though the employees are not taken over by the transferee.

<strong>2015/40 The nature of a transferred activity, including its asset or labour intensiveness, determines the existence of a transfer of undertaking (HU)</strong>

In the case of an asset-intensive business, a transfer of undertaking may occur if the tangible assets are transferred, even though the employees are not taken over by the transferee.

ECJ 26 November 2014, joined cases C-22, 61-63 and 418/13 (Raffaela Mascolo and others – v – Ministero dell’ Instruzione), Fixed-term work

The plaintiffs in these cases were teachers employed by the State or a municipality for periods...

ECJ 26 November 2014, joined cases&nbsp;C-22,&nbsp;61-63&nbsp;and 418/13&nbsp;(Raffaela Mascolo and others &ndash; v &ndash; Ministero dell&rsquo; Instruzione), Fixed-term work

The plaintiffs in these cases were teachers employed by the State or a municipality for periods...

2015/13 Implied choice of law in international employment contracts (AT)

Whether, and in favour of which jurisdiction, the parties to an employment contract with a cross-border dimension have made an implied choice of law, must be decided on a case by case basis. Essential indicators of an implied choice of law include direct references in the employment contract or related documents to concrete provisions and practices of a specific jurisdiction and the use of typical terms and clauses used by this jurisdiction

2015/13 Implied choice of law in international employment contracts (AT)

Whether, and in favour of which jurisdiction, the parties to an employment contract with a cross-border dimension have made an implied choice of law, must be decided on a case by case basis. Essential indicators of an implied choice of law include direct references in the employment contract or related documents to concrete provisions and practices of a specific jurisdiction and the use of typical terms and clauses used by this jurisdiction