European Employment Law Cases

Article

2022/16 A transfer of undertaking can be established in the absence of a contractual agreement between the transferor and the transferee and even if the transferee concludes new employment contracts with the employees (RO)

Keywords Transfer
Authors Andreea Suciu en Teodora Manaila
Author's information

Andreea Suciu
Andreea is Managing Partner of Suciu - Employment and Data Protection Lawyers

Teodora Manaila
Teodora is an attorney-at-law at Suciu - Employment and Data Protection Lawyers .
  • Abstract

      The Ploiești Court of Appeal has ruled that although the applicable national legislation in case of transfers of undertakings requires a transfer of ownership, the ECJ case law prevails and that, in the absence of a contractual agreement, a transfer of undertaking can be established even if the transferee concludes new employment contracts with the employees.

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