European Employment Law Cases

Case Reports

2017/24 Failure of the transferor of a business to fully inform the transferee about employees’ rights (CR)

Keywords Transfer of undertakings
Authors Dina Vlahov Buhin
DOI
Author's information

Dina Vlahov Buhin
Dina Vlahov Buhin is a lawyer with Vlahov Buhin & Šourek in cooperation with Schoenherr Attorneys at Law, www.schoenherr.eu.
  • Abstract

      The transferee dismissed the plaintiff immediately upon the transfer, for business reasons. The plaintiff claimed the dismissal was invalid because the transferee did not consult the union representatives who were transferred. The Supreme Court held that, in the absence of a works council, the union representative has, by law, all rights and obligations with regard to information and consultation. Failure to abide by the information and consultation rules rendered the decision to dismiss invalid.

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