According the CJEC, a "stable economic entity", required for the enforcement of the directive on maintaining contracts of employment in the event of a transfer of undertaking (2001/23), should be apprehended differently when is the question of temporary work agencies. To the logic of "organized grouping of workers" which prevails to qualify this entity, the Court prefers the criterion of "an operational grouping sufficient in itself". (Ref. 070755)
Facts. Managers of the Mayer temporary work company, in a bad financial situation, created – on their main customer’s demand – a new temporary work company (PPS) which hired again a part of the administrative personnel (one office worker, one subsidiary manager, an account manager and the managing director) and around one third of Mayer’s temp workers. These are performing within PPS the same tasks they were doing for their former employer. The transferred workers, who did not receive payment f
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