The Safeguarding of Employees’ Rights Arising from Collective Agreements in the Event of Transfers of Undertakings - Balancing the Tension between Employees’ and Employers’ Interests
(2014) JAEM03 20141Department of Law
- Abstract
- Directive 2001/23/EC on the safeguarding of employees’ rights in the event of transfers of undertakings, aims primarily to protect employees from being placed in a less favourable position solely as a result of a transfer of an undertaking. Article 3(3) of the Directive, more particularly, provides that, upon a transfer of an undertaking, the new employer is bound by terms and conditions agreed in collective agreements on the same terms as applicable to the previous employer until the collective agreement terminates, expires or is replaced by another one. This thesis explores the case law of the Court of Justice on Article 3(3) of the Directive, with the aim of analysing how the Court deals with the tension between employees’ and... (More)
- Directive 2001/23/EC on the safeguarding of employees’ rights in the event of transfers of undertakings, aims primarily to protect employees from being placed in a less favourable position solely as a result of a transfer of an undertaking. Article 3(3) of the Directive, more particularly, provides that, upon a transfer of an undertaking, the new employer is bound by terms and conditions agreed in collective agreements on the same terms as applicable to the previous employer until the collective agreement terminates, expires or is replaced by another one. This thesis explores the case law of the Court of Justice on Article 3(3) of the Directive, with the aim of analysing how the Court deals with the tension between employees’ and employers’ interests, inherent in Directive 2001/23/EC, and how those interests are balanced. The Court’s balancing of interests is assessed, both in the light of the aim and nature of the Directive and in the light of the Charter of Fundamental Rights. Moreover, it is placed in the broader context of the tension between social and economic rights within the European Union. The main conclusions of this analysis are that, overall, the Court is successful in ensuring a fair balance between employees’ and employers’ interests in its case law on Article 3(3) of the Directive. One case, however, departs from this conclusion, as the Court fails to give sufficient weight to the employees’ rights, whether assessed in the light of the aim of the Directive, the Charter of Fundamental Rights or the increased emphasis on social objectives within the Union. (Less)
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http://lup.lub.lu.se/student-papers/record/4457744
- author
- Kristinsdóttir, Hrafnhildur LU
- supervisor
- organization
- course
- JAEM03 20141
- year
- 2014
- type
- H2 - Master's Degree (Two Years)
- subject
- keywords
- employees' protection, employment law, EU law, balancing of interests, Transfer of Undertakings Directive
- language
- English
- id
- 4457744
- date added to LUP
- 2014-06-11 10:09:27
- date last changed
- 2014-06-11 10:09:27
@misc{4457744,
abstract = {{Directive 2001/23/EC on the safeguarding of employees’ rights in the event of transfers of undertakings, aims primarily to protect employees from being placed in a less favourable position solely as a result of a transfer of an undertaking. Article 3(3) of the Directive, more particularly, provides that, upon a transfer of an undertaking, the new employer is bound by terms and conditions agreed in collective agreements on the same terms as applicable to the previous employer until the collective agreement terminates, expires or is replaced by another one. This thesis explores the case law of the Court of Justice on Article 3(3) of the Directive, with the aim of analysing how the Court deals with the tension between employees’ and employers’ interests, inherent in Directive 2001/23/EC, and how those interests are balanced. The Court’s balancing of interests is assessed, both in the light of the aim and nature of the Directive and in the light of the Charter of Fundamental Rights. Moreover, it is placed in the broader context of the tension between social and economic rights within the European Union. The main conclusions of this analysis are that, overall, the Court is successful in ensuring a fair balance between employees’ and employers’ interests in its case law on Article 3(3) of the Directive. One case, however, departs from this conclusion, as the Court fails to give sufficient weight to the employees’ rights, whether assessed in the light of the aim of the Directive, the Charter of Fundamental Rights or the increased emphasis on social objectives within the Union.}},
author = {{Kristinsdóttir, Hrafnhildur}},
language = {{eng}},
note = {{Student Paper}},
title = {{The Safeguarding of Employees’ Rights Arising from Collective Agreements in the Event of Transfers of Undertakings - Balancing the Tension between Employees’ and Employers’ Interests}},
year = {{2014}},
}