The Right of the Employee to Refuse to be Transferred. A comparative and theoretical analysis.
Year: 2014
Type: report
Abstract: This paper aims at assessing the right of employees to refuse to have their contracts of employment transferred within the framework of the transfer of undertakings Directive. A transnational as well as a theoretical analysis is proposed. Beyond the comparison of the implementation of this Directive within six European countries, the elements of contractual, constitutional and labour law that have framed the diverging interpretations of the Member States are listed. As a conclusion, hints are given as to the possible legal evolution of the worker's right to refuse to be transferred.
Authors: Ann-Christine Hartzén, Claire Marzo, Franck Le Comte, Nicolette Hös, Bruno Mestre, Stephen Fuller, Hannah Olbrich
Language: English
Topic: Legal and Labor Studies
Subfield: Industrial relations
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W1483348934