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TUPE Across Europe the Information You Need for Each Country

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TUPE Across Europe the Information You Need for Each Country TUPE across Europe The information you need for each country Issues Czech Austria Belgium Republic Denmark France Germany Hungary Ireland Italy Netherlands Poland Spain Sweden Switzerland UK Sec. 3 ff. Employment Law Transfert d’entreprise – Sec. 338-340 Labour Code. Transfer of Undertakings ‘Transfert d’entreprise’ (Article §613a BGB (Betriebsübergang). §613a BGB (Betriebsübergang). Transfer of Undertakings. The UK TRASFERIMENTO D’AZIENDA. Book 7, part 10, chapter 8, Transfer PRZEJSCIE ZAKLADU PRACY. SUCESIÓN DE EMPRESA. Övergång av verksamhet. “Betriebsübergang” - Art. 333 and Transfer of Undertakings (Protection Transfer of Harmonisation Act, 77/187/EWG, overdracht van onderneming. (Employees legal position) Act L.1224-1 of the new French MUNKALTATÓI JOGUTÓDLÁS. acronym ‘TUPE’ is also used. of Undertaking (“Overgang van 333a Swiss Code of Obligations of Employment) Regulations 2006 RL 98/50/EG. no. 441 of 7 June 2001 Labour Code). Onderneming”) (CO). (“TUPE”). business [virksomhedsoverdragelse]. Definition: a transfer of a A transfer of a social or economic A transfer of an economic entity A transfer of a company or a part Definition: a transfer of an A transfer of an economic entity Definition: when an independent A transfer of an economic A transfer of assets (employees, A transfer of a company or a part Definition: a transfer of an Definition: a transfer of an In conjunction with the transfer Definition: If the employer transfers A transfer of a business, Definition: a company, undertaking or part of entity that retains its identity. that retains its identity as an thereof. The acquirer assumes the autonomous economic entity that retains its identity. unit (such as a strategic business entity that retains its identity. business etc) from one company thereof. The acquirer assumes the employing establishment or economic entity which maintains of an undertaking, a business or the enterprise or a part thereof undertaking or part thereof transfer of assets a business from one employer to organised group of resources and rights and obligations pursuant to that retains its identity and whose unit, plant, shop, division, to another where the object of rights and obligations pursuant to a part of it (including transfer its identity, and is understood as part of a business from one to a third party, the employment where there is a transfer of an another proprietor. In every case has the purpose of carrying out the contracts of employment that activity is either continued or workplace, or any section of these) the transfer is the company or the the contracts of employment that of assets and/or activities a group of organised means/ employer to another, the rights relationship is transferred to the economic entity that retains (employees, of transfer of a business or part of economic activity. existed at the time of transfer taken up. or the material and non-material business not the shares of stocks. existed at the time of transfer. composing a business unit in resources that carry out an and obligations pursuant to acquiring party including all rights its identity, or, a company a business, the employment assets of the employer are The discrete economic entity must which employees are employed) economic activity either essential contracts of employment and the and obligations as of the date engaging a contractor to do business, etc) relationships are automatically transferred by agreement to an retain its identity following the to another employer that results in or incidental. employment relationships that of transfer, unless the employee work on its behalf, reassigning from a company transferred to the new employer. organisation or person falling transfer. the latter becoming a party to existed at the time of the transfer declines the transfer. such a contract or bringing the All individual rights and within the scope of the Labour the existing employment shall, with a few exceptions, work ‘in-house’. However the to another. obligations are maintained. Code for further operation or for relationships by virtue of law. also be transferred to the new supply of goods and one-off restarting operations if such employer. buying-in of services are The object of the transfer takes place within the excluded. framework of sale, exchange, lease, transfer is leasehold or capital contribution for the company or a business association. the business, not the shares or stocks No. No. No. No. No. No. No. No. Yes, if the transfer involves more No. No. No. No. No. No. Minimum number than 15 employees. of employees required in company. If so how many? Works council according to Sect. I/C at the level of the works Yes. Employee representatives Yes. With employee Yes, I/C with the works council of I/C only if there is a works council Yes. Yes. Yes, if the transfer involves more Yes, with works council or the I/C in parallel with the works Yes, with employees Yes. Yes. The employees’ representative Yes. Mandatory 108 para. 2a Labour Relations Act council, or if none, at the level of (trade union or works council). representatives, if none directly the transferor and transferee. and the transfer constitutes a than 15 employees. employees representative board. If council and either trade union representatives. If none, the body or, if there is none, the information and and employees according to the union delegation, or if none, If none, directly with all affected with employees. ‘change in establishment’; in none, directly with employees. organisations at the employees should appoint employees directly. Sect 3a Employment Law at the level of the Committee for employees. all cases (irrespective of works establishment level or individual representatives for the I/C consultation Harmonisation Act if there Prevention and Protection at work. council) written information to employees, when there are process. is no works council. be provided to each affected no trade unions at the requirements? employee. establishment level. Prior to the transfer. Before the transfer is made public No specific timing, usually at As early as possible, so the No specific timing but I/C before As early as possible, in any event 15 days before legal succession, ‘In good time’, but not less than Yes. Within ‘reasonable time’ for the At least 30 days in advance to the Yes, information should be served Before the decision is made In due time prior to the transfer. No specific timeframe but must and executed, usually before the least 30 days before the transfer. employees have time to evaluate any decision is made. before the transfer is made public inform employee representatives 30 days prior to the closing date, works council/staff association to intended transfer I/C with trade with sufficient notice, before regarding the transfer. take place long enough before ‘closing’ of the deal. how the transfer will affect them. and executed; written information (WC, union, other committees). unless this is ‘not reasonably give advice, before the actual union or individual employees the execution of the transfer. the transfer to enable Timeframe I/C? In any event before the transfer to employees ideally at least one practicable’. decision has been made. and no precise time scale for Consultation must be done in consultations to take place. is executed. month before transfer. parallel I/C of the work council. sufficient time, before measures are effective. No, unless the transfer can be No, unless the transfer can be No, unless such transfer has an Yes. Yes, if there is impact on No, unless there is an economic Yes, if there is impact on If the company that employs the Yes. Yes, if holding and legal entity in No, unless the transfer impacts No, only if this will imply the No, unless such transfer concerns No, unless there is an impact on No. Is local I/C considered as an ‘event that considered as an ‘event that impact on the employees in the employees in France. committee (in companies with employees or the employer’s employees changes, consultation the NLs can be identified, jointly essential changes in the application of labour measures to a Swedish company. employees in Switzerland. required in the might have important might have important Czech Republic. more than 100 employees) and economic situation. will be required. undertake or decision of the organisation of work or legal the employees in Spain. consequences for the company’. consequences for the company’. the transfer can be considered as holding company can be grounds for employment. event of a In that case the works council an ‘event or plan which could attributed to the entity in the NLs. needs to be informed (not materially affect the employees’ transfer at group consulted). interests’ in which case or holding level information only. outside your country? No. No. No. No. No, unless transfer of part of No. No. Not under TUPE regulations. Yes, if the transfer involves more Yes, trade union and Social No. Yes, if the transfer implies a No. Only information/ No, unless the transfer involves Yes, statutory obligation to provide Information to a business and protected May be required under other than 15 employees. Internal and Economic Council. collective modification of the job consultation if a CBA applies or a collective redundancy (then employee liability information to third parties. employees are transferred legislation if redundancies are external unions. conditions or geographical there are affected trade unions. notification of the Labour Office transferee at the latest 14 days (eg works council members, made. mobility. required). prior to transfer. If so, which personnel delegates): their transfer has to be authorised by the Labour (external unions, Inspector (their dismissal as well). government, etc)? No. No, except as far as the protected No. No. No agreement required from No. No. No. No. No. No. No. No. No. No. Do the employees who have been either of them.
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