Tag archives: Transfer of Undertakings

Transfer of undertaking to multiple transferees

In a recent case, the European Court of Justice (ECJ) has considered what happens to the employment contract of a transferring worker where there is a transfer of an undertaking to multiple transferees. The ECJ held that the contract should be split in proportion to the tasks performed by the worker of the time devoted to those tasks. However, if the division of the contract is impossible or results in a deterioration in the working conditions and rights of the worker, the contract may be terminated.

The case involved an employee of ISS Facility Services in Ghent. ISS was responsible … Continue Reading

Beware of your “Forfait-jours” in case of transfer of the employment contract

The legal context

The “forfait-jours” is a particular method of organization of working time which allows the employer to calculate the employee’s working time as a number of days worked over the year rather than a number of hours over the week. This system is advantageous for employers, particularly due to the fact that regulations relating to overtime and the maximum daily and weekly working time do not apply. However, to be enforceable, this system must be provided for and organized by a collective bargaining agreement at the company or sector-wide level and must be followed by the conclusion of … Continue Reading

Transfers of employees in the UAE as part of an acquisition

This article was written by Jeremy Pooley, Of Counsel at Norton Rose Fulbright (Middle East) LLP.

The parties to a share or business acquisition need to be alert to the types of employee-related issues that can arise, and structure the acquisition accordingly.

Share acquisitions

An employment contract will remain in force following a share acquisition and the relevant employee’s service will be considered continuous.

Under the UAE Federal Law No. 8 of 1980 (Labour Law), an employee who completes one year or more of continuous service will at the end of his employment be entitled to an end … Continue Reading

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