EU: the CJEC rules on the liability of the new employer in the case of a change in working conditions which is not due to him

Facts. An employee working in a staff canteen covered by the metallurgy collective agreement was transferred, after a change of employer, to the collective agreement for the accommodation and catering sector, less favorable. Indeed, the first agreement expired the day of the transfer. After terminating her contract on the grounds of substantial changes to her labor contract, the employee pressed charges against her employer to obtain compensation for unfair dismissal. The national court seized the CJEC to interpret several provisions of directive 2001/23 on the safeguarding of employees’ rights in the event of transfers of undertakings.
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s transferred, after a change of employer, to the collective agreement for the accommodation and catering sector, less favorable. Indeed, the first agreement expired the day of the transfer. After terminating her contract on the grounds of substantial changes to her labor contract, the employee pressed charges against her employer to obtain compensation for unfair dismissal. The national court seized the CJEC to interpret several provisions of directive 2001/23 on the safeguarding of employees’

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