In its opinion presented on March 22, 2007, the general attorney Bot offered the Court of Justice of the European Communities (CJEC) to declare that the transfer of a part of the administrative and temporary staff of a temp work company into another company, to perform similar tasks serving the same clients, is coming within the area of the 2001/23 directive on the maintaining of workers' rights in the event of transfer of undertaking. (Ref. 070276)
The Court is invited to speak out on the enforcement of the 2001/23 directive on the maintaining of workers’ rights in the event of a company transfer, when a part of the administrative and temporary staff of a temporary work agency is transferred into another temporary work company. In this particular case, managers of the Mayer temp work company, in a bad financial situation, created – on their main customer’s demand – a new temp work company (PPS) which hired again a part of the administrati
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