"It is obvious that we can expect production considerations to become more and more mobile in an economic context influenced by globalization, the EU's enlargement, and the interior market's consolidation", wrote the European Commission in the document, adopted on June 20, which launches the first consultation step on transborder transfers of undertaking. Anticipating this evolution, it interrogate the social partners on the limits of the 2001/23 directive, which plans to maintain working conditions in the event of a change in employer, in situations of company transfers coming with a transfer of the workplace in another country. (Ref. 070588)
The 2001/23/CE directive on maintaining workers’ rights in the event of a transfer of undertaking does not explicitly cover the question of transborder company transfers. There is transborder transfer of undertaking when the transferor and the transferee are subject the legislations of different EU member States or of the European Economic Area (EEA: Norway, Iceland, Lichtenstein), or when one of them is submitted to the legislation of a member State and the other from a third country. This dir
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