EU: the CJEC clarifies requirements for the enforcement of “transfer directive” between two temp work agencies

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)
Enjoy this article for free while you’re in your trial period
You have access to our content for 1 month.


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

Do you have information to share with us?
What you absolutely must read this week
The essential content of the week selected by the editorial team.
See all
France: sectors feel economic slowdown to differing degrees
The latest data on France’s occupational sectors (branches professionnelles), covering the year 2023, show how employment trends are shaping workplace dynamics. After a more favourable period for...
United Kingdom: Parliament finally passes Employment Rights Bill
The UK Labour government's flagship reform of employment rights was passed by both houses on 16 December after a turbulent parliamentary process. The bill introduces numerous changes to labour...
18 December 2025
EU: social partners in telecoms sign joint statement on AI
On 16 December, the social partners in Europe's telecommunications sector unveiled a joint statement on artificial intelligence. They propose an action plan for skills and commit to raising...
18 December 2025
EU: MEPs demand directive on algorithmic management
Members of the European Parliament have called for a directive on algorithmic management. Such legislation would introduce obligations for companies to inform employees, assess health and safety...
17 December 2025
Most viewed articles of the month on mind HR
What readers clicked on the most last month.
What readers clicked on the most last month.
1
Spain: new terms and conditions for in-company training contracts
On 25 November, Spain's Council of Ministers approved a regulation on training contracts. This text defines the terms and conditions for hosting work-study students and interns doing professional...
2
France: sectors feel economic slowdown to differing degrees
The latest data on France’s occupational sectors (branches professionnelles), covering the year 2023, show how employment trends are shaping workplace dynamics. After a more favourable period for...
3
Germany: apprenticeship openings fall sharply in manufacturing and chemicals
From 1 January 2026, Dutch collective agreements for temporary employment agencies will alter the employment conditions of temp workers. Agencies will be required to pay these workers at least the...