European Employment Law Cases

Case Reports

2017/37 Pay can only be modified with transferred workers’ consent (BE)

Keywords Transfer of undertakings
Authors Cecilia Lahaye
Author's information

Cecilia Lahaye
Cecilia Lahaye is an attorney at Van Olmen & Wynant in Brussels (www.vow.be).
  • Abstract

      After the transfer of an undertaking (or part of one) the new employer cannot modify the transferred workers’ wages without their consent. This decision of the Belgian Supreme Court of 14 November 2016 leaves no leeway to the transferee to unilaterally substitute certain contractual elements with new ones, even if the new salary scheme is more advantageous overall.

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