SAFEGUARDING OF EMPLOYEES' RIGHTS IN THE EVENT OF TRANSFERS OF UNDERTAKINGS, BUSINESSES OR PARTS OF UNDERTAKINGS OR BUSINESSES
SAFEGUARDING OF EMPLOYEES' RIGHTS IN THE EVENT OF TRANSFERS OF UNDERTAKINGS, BUSINESSES OR PARTS OF UNDERTAKINGS OR BUSINESSES

Summary/Abstract: The Directive 2001/23/EC was transposed into national law by Law no. 67/2006. Although the Romanian law broadly follows the basic principles of the Directive, the transposition was not very clear, leaving room for interpretation and raising practical difficulties upon the implementation. In the absence of a relevant case law of the Romanian courts, the practical clues can be obtained from the case law of the European Court of Justice.Some of the most relevant aspects concerning the practical implementation refer to the transfer to the transferee of the transferor’s rights and obligations arising from the individual employment contracts of the transferred employees, and/or from a collective bargaining agreement applicable at the transferee level at the transfer date, and the prohibition from dismissing the employees on the ground of the transfer itself.The second matter is, in its turn, controversial and difficult, and although there are some considerations of the European Court of Justice that might offer guidance, the matter will be always susceptible of interpretations in the favour of reintegration and transfer of the dismissed employee, without certain evidence referring to the economic arguments having underpinned the dismissal.

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