Examples of Transfer of Undertakings Directive in a sentence
In particular, it recognises an unconditional right to information and consultation of seagoing workers in all Directives which previously allowed for exceptions and derogations from this right (European Works Councils Directive, Information and Consultation Directive, Collective Redundancies Directive, Transfer of Undertakings Directive).
Companies will benefit from better communication of information regarding company strategy and the rationale for certain decisions to employees, particularly in times of change, with no substantial costs to the employer.It also recognises other rights, taking into account the specificity of the sector (suppression in some specific cases of cooling-off periods in the Collective Redundancies Directive or of the transfer of the employment contract/relationship in the Transfer of Undertakings Directive).
For the Court, the situation is different when applying the Transfer of Undertakings Directive.
The adoption of the 1975 Directive was also an answer to a mediatized redundancy in a multinational company, Azco which decided it would make about 5,000 workers redundant in the Member State where the costs of redundancies were lowest.With the Transfer of Undertakings Directive adopted in 1977 and the Insolvency Di- 2rective adopted in 1980,2 the 1975 Directive provides a degree of employment protection in the restructuring of companies.
What a Member State cannot do is to exclude an entire category of employees from the calculation to establish the size of an undertaking’s workforce for the purposes of applying the relevant threshold of em- ployees laid down in the Directive.11 In the Mikkelsen Case,12 the Court compared the two different approaches between the area of freedom of movement of workers and the Transfer of Undertakings Directive.
For example, under the Infor- mation and Consultation Directive10 or the Transfer of Undertakings Directive, an ‘em- ployee’ ‘means any person who, in the Member State concerned, is protected as an em- ployee under national employment law and in accordance with national practice’.
There has been intervention from the European Community, resulting in instruments like the Transfer of Undertakings Directive.
Seller and Purchaser shall inform and consult with any appropriate representatives of the TUD Employees to the extent required by the Transfer of Undertakings Directive or other applicable Law.
Consequently, the Transfer of Undertakings Directive 2001/23/EC only shall apply to a transfer within the EU (or EEA).22In this context, the timing of the transfer of an undertaking plays a cru- cial role.
The Parties agree that each Party shall exercise its rights to instruct its employees (“Weisungsrechte”) itself and the Parties undertake to perform such actions which are reasonably required in order to avoid a transfer of employees of one Party to another Party, by application of the Transfer of Undertakings Directive 2001/23 EC and local implementing laws e.g. Section 613a of the German Civil Code (Bürgerliches Gesetzbuch, "BGB").