Employee’s Transfer Versus Unemployment Insurances System and Stimulation of the Occupancy of Labour Force Cover Image

Transferul personalului versus sistemul asigurarilor de somaj si stimularea fortei de munca
Employee’s Transfer Versus Unemployment Insurances System and Stimulation of the Occupancy of Labour Force

Author(s): Ana Ştefănescu
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Lumen, Asociatia Lumen
Keywords: individual transfer; collective transfer; employer transferee; funding of working places

Summary/Abstract: The transfer represents the employee’s final transit from one working place, with the employee’s agreement or at the employee’s request, under the authority of a new employer, due to social and economic needs, having as a result the transmission, either under the same form, or under a changed form of the content of the labour relationship, by means of a new labour contract. Having this aspect in mind, we think that the employer transferee (the employer who takes over the employees) could benefit from the funding of the working places and from being granted some facilities. In exchange, the targeted employees, would not benefit from the rights deriving from their capacity of unemployed existent at the moment of transfer. At the same time, it is normal that the transfer results in the cession of such rights if such rights pre-existed the transfer.

  • Issue Year: VII/2012
  • Issue No: Suppl. 3
  • Page Range: 189-204
  • Page Count: 15
  • Language: English