Cross-Border Transfers of Undertakings

Cross-Border Transfers of Undertakings

Author: Kirsten Henckel

Publisher: Kluwer Law International B.V.

Published: 2016-04-24

Total Pages: 360

ISBN-13: 9041192611

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Globalization and market integration have shaped the economic climate in such a way as to give rise to a considerable increase in cross-border mergers, acquisitions and corporate restructurings. However, the primary European Union (EU) legislation in this area – the Acquired Rights Directive – brings about only partial and minimum harmonization, giving rise to differences in the employee protective regime across the EU Member States. This book, the rst full analysis of the EU-level private international law implications of the subject, masterfully addresses the plethora of questions that arise and presents well-considered and soundly based recommendations towards the introduction of a new and uniform con ict of laws path for transfers of undertakings throughout the EU. With a methodology that combines comparative, ‘black letter’, legal historical and empirical approaches, the author addresses such issues and topics as the following: – determination of applicable law both upon and after a transfer; – jurisdictional issues; – the main provisions of the Acquired Rights Directive and their content; – the main differences existing among the relevant laws of the Member States; – special characteristics of the maritime sector and seagoing workers; and – cross-border implications of Brexit. This book critically evaluates the existing rules on international jurisdiction and the con ict of laws relating to cross-border transfers of undertakings, clearly exposing the regime’s merits and demerits. Counsel representing any actor involved in a cross-border merger, acquisition, or business restructuring – transferor, transferee, or affected employees – will be well served with this exemplary account of their legal position both before and after the transfer. In addition, policymakers, legislators and interested academics will bene t greatly from the author’s clearly presented guidelines on the development of an EU-wide con ict of laws regime for transfers of undertakings.


Transfer of Undertakings

Transfer of Undertakings

Author: Incomes Data Services

Publisher: Sweet & Maxwell

Published: 2011-03

Total Pages: 606

ISBN-13: 0414029836

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"When a business is sold by one employer to another, or the responsibility for providing a service transfers from one employer to another, what happens to the dedicated workforce? Do the employees concerned have the right to work for the new employer? And if so, do they retain the contractual and other employment rights that they enjoyed prior to the transfer, or is the new employer entitled to vary their contracts in order to harmonise their terms and conditions with those of any existing employees? These are the main issues with which the Transfer of Undertakings (Protection of Employment) Regulations 2006 SI 2006/246 (TUPE) - the focus of this Handbook - are concerned."--Back cover.


Employment Law in Practice

Employment Law in Practice

Author: The City Law School

Publisher: Oxford University Press, USA

Published: 2007-12-20

Total Pages: 372

ISBN-13: 0199227543

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Written specifically for students on the Bar Vocational course, the Bar manuals are updated regularly and are very popular with practitioners as well as students.


Upex and Ryley on TUPE

Upex and Ryley on TUPE

Author: Michael Ryley

Publisher: Jordan Publishing (GB)

Published: 2014

Total Pages: 0

ISBN-13: 9781846612909

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This text offers a definitive account of the legal framework of TUPE following the implementation of the new regulations together with a comprehensive look at the practical application of the law, dealing with issues such as when the regulations apply, the effects of a transfer, and dismissals and issues arising in connection with a transfer.


Model Rules of Professional Conduct

Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.


EU Labour Law

EU Labour Law

Author: Monika Schlachter

Publisher:

Published: 2014-11-18

Total Pages: 648

ISBN-13: 9789041149787

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Lawyers who apply EU labour law will find here a matchless aid to practice e an article-by-article commentary on each specific piece of EU legislation relevant to arguing labour law cases. In an utterly practical and straightforward format, the book presents all information necessary to quickly find the best and most complete answer to any question in EU labour law, no matter how arcane or controversial."


Employment Law in Ireland

Employment Law in Ireland

Author: Terry Gorry

Publisher: CreateSpace

Published: 2014-09-27

Total Pages: 256

ISBN-13: 9781502530530

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Are you an employer worried about employment related claims by employees? Are you an employee whose rights are being infringed or ignored? Employment law can be confusing for both employers and employees alike. There is a huge amount of rules, regulations, laws, directives, case law concerning employment law in Ireland.Even with the best will in the world, it is easy to do the wrong thing. To make a mistake. "Employment Law in Ireland-A Plain English Guide for Employers and Employees" can help because it can save you time and money. And it can reduce the doubts in your mind about your situation.> For Employers and Employees If you are an employer it can save you the expense of defending and perhaps losing a costly claim by an employee. If you are an employee it can help you obtain your employment rights and eliminate the stress of not knowing where you stand. Because it explains what your obligations are as an employer, and what your rights are as an employee. Wide Range of Topics CoveredTopics such as unfair dismissal, redundancy, the employment contract, health and safety, what policies and procedures should be in place in the workplace, equality and discrimination, holiday entitlements, part time and fixed term workers' rights, rest periods and breaks, data protection, TUPE (transfer of undertakings) regulations, temporary agency workers, young persons in work, performance improvement plans disciplinary procedure-step by step NERA and how they operate, intoxicants in the workplace, maternity leave, other leave entitlements, payment of wages, and more are explained in easy to understand language. Employers are understandably worried about costly claims for unfair dismissal, wrongful dismissal, discrimination, unfair selection for redundancy.This book helps avoid such claims by explaining the correct steps to take to prevent claims and what the employers' obligations are. Many employees too are unsure about their employment rights and are badly treated in the workplace. They have experienced the sick feeling in the pit of their stomach going into work everyday and not knowing whether there is anything that they can do about their treatment. This book aims to give peace of mind and reduce stress for both employers and employees. It also explains the essential terms that should be included in the employment contract and why 80% of cases for unfair dismissal are lost. And it is written by a practicing solicitor who has been an employer in Ireland since 1986. Written in Understandable Language If you are looking for a text book on employment law in Ireland, this is not for you. This is not an academic work. If you are looking for a straightforward reference guide to refer to on a daily basis in the workplace, this book should suit you just fine. Other Topics Other topics covered include the forums for redress of your employment rights, working time, internships in the workplace and what can go wrong, fixed term contracts, contracts of indefinite duration, employment permits, staff handbooks, the most important policies and procedures to have, without prejudice negotiations, temporary agency workers, etc. If this book helps you as employer avoid one claim or if it helps you uphold just one of your employment rights it will have proven to be one of the best investments you have made this year. Written by a Solicitor Terry Gorry is a solicitor, small business owner and has been an employer in Ireland since 1986. He helps other small business owners and their employees.