European Employment Law Cases

Case Reports

2017/24 Failure of the transferor of a business to fully inform the transferee about employees’ rights (CR)

Keywords Transfer of undertakings
Authors Dina Vlahov Buhin
Author's information

307735 Dina Vlahov Buhin
Dina Vlahov Buhin is a lawyer with Vlahov Buhin & Šourek in cooperation with Schoenherr Attorneys at Law, www.schoenherr.eu.
  • Abstract

      The transferee dismissed the plaintiff immediately upon the transfer, for business reasons. The plaintiff claimed the dismissal was invalid because the transferee did not consult the union representatives who were transferred. The Supreme Court held that, in the absence of a works council, the union representative has, by law, all rights and obligations with regard to information and consultation. Failure to abide by the information and consultation rules rendered the decision to dismiss invalid.

Please sign in to access the article



Did you receive an activation code but no access yet? Please activate your code here.

Forgot your password? Request new password.

Purchase access

You can purchase online access to this article. You will receive 24 hrs access @ € 17,50 (excl. VAT).

24 hrs access € 17,50 (excl. VAT)

Activate your code

If you have an access code, please activate it here.