Regimul juridic al transferului de întreprindere în Marea Britanie
The legal status of the transfer of undertaking in the United Kingdom

Summary/Abstract: The transfer of undertaking is an institution whose legal status does not have a long tradition, but is currently, without a doubt, expanding. Thus, in EU Member States that have a developed market economy, the issues concerning the transfer of undertaking is extensively analyzed and discussed. In the United Kingdom, this institution was regulated for the first time through Transfer of Undertakings (Protection of Employment) Regulations 1981, which was subsequently amended several times, in order to clarify its scope and to create appropriate mechanisms to protect employees' rights. Currently, the British law governing the transfer of business conducts a full and correct transposition of Directive 2001/23 EC. Moreover, because the provisions of the above mentioned law summarizes and reflects the case law of the European Court of Justice, it is characterized by clarity, precision and accuracy. For these reasons, I believe that Transfer of undertaking (Protection of Employment) Regulations could constitute a useful source of inspiration for a future improvement of Romanian regulation in this field.

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