Tag archives: transfer of a business

What implications does a change in the ownership of a business have for employment?

By Caroline Jodoin on December 14, 2015 Posted in Canada, Québec

In Quebec, many legal consequences must be considered when the alienation or concession of a business occurs, especially those that are related to labour relations. More specifically, what implications does a transfer as such have on the alienated or licenced business’ employees? In order to answer this question, it is of utmost importance to first … Continue reading

What are the employment implications of the transfer of a business?

By Judicaël Fouquet on December 10, 2015 Posted in Europe, France

Principle and scope of application French employment law, pursuant to European legislation, contains measures that are aimed at protecting employees in the context of a transfer of a business (TUPE provisions). In this respect, French law provides that “if there is a change in the legal status of an employer such as a succession, sale, … Continue reading

What are the employment implications of the transfer of a business in Germany?

By Philipp Raben on December 10, 2015 Posted in Europe, Germany

The employment implications of the transfer of a business are regulated by sec. 613a German Civil Code (Bürgerliches Gesetzbuch – BGB). A transfer of a business takes place where an economic entity is transferred by a legal transaction and the economic entity is continued by the new owner of the business. In order to determine whether such … Continue reading

What are the employment implications of the transfer of a business in the US?

By Arthur F. Silbergeld and Jennifer Awrey on November 20, 2015 Posted in Contracts, United States

When a buyer acquires the assets of another company, both the buyer and the seller must focus on federal and state laws in the United States which impact on employees who transition on the sale of the business. For example, if a sufficient number of employees are affected, the federal Worker Adjustment and Retraining Act … Continue reading

Transfers of employment – Fair Work Commission cannot be used for advisory opinions

By David Cross on July 8, 2015 Posted in Asia Pacific, Australia

The Fair Work Act 2009 (Cth) (the FW Act) provides that in a case of “transfer of employment”, the enterprise agreement (the name given in Australia to collective labour agreements) that applied to an employee in his/her former employment will continue to apply, subject to any order to the contrary made by the Fair Work … Continue reading

Transfer of business provisions in numerous modern awards to be amended to fix NES inconsistencies

By Michael Nightingale on May 25, 2015 Posted in Asia Pacific, Australia

A Full Bench of the Fair Work Commission has ruled that provisions dealing with the transfer of employment and service for annual leave purposes which are contained in 11 Australian modern awards must be amended because the provisions are inconsistent with the National Employment Standards (NES) contained in the Fair Work Act 2009. The decision … Continue reading

More changes to UK law – the transfer of undertakings legislation.

By Amanda Sanders (UK) on January 21, 2014 Posted in Europe, UK

The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 come into force in the UK on 31 January 2014. These 2014 Regulations amend TUPE (which implements the Acquired Rights Directive in the UK) and the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) (relating to collective redundancy consultation). The 2014 … Continue reading