The European Union (Withdrawal) Act 2018 preserved a number of EU laws in UK statute as Retained EU Law (REUL). The Retained EU Law (Revocation and Reform) Bill (REUL Bill) was introduced to amend, remove and replace the REULs that the UK government deemed to be unsuitable and replace them with bespoke UK provisions. The … Continue reading
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
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
In the UK where a business is transferred from one economic entity to another then the employees will be protected by the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the TUPE Regulations) The effect of the TUPE Regulations is to preserve the continuity of employment and terms and conditions of those employees who are … Continue reading
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 … Continue reading
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
In Germany, where there is a transfer of business, only the employees who belong to the relevant transferred entity automatically transfer to the new employer. How would you decide the following case? A company offered call-answering services and back office activities. All employees of the company performed both services. The company decided to split the … Continue reading
Will a notice of termination by an employee prior to a potential TUPE situation be deemed a circumvention of the German TUPE rules? The answer is: It depends. The general TUPE rules in Germany are the following: If a purchaser takes over control of an entity by way of a legal transaction, the relevant employments … Continue reading
