Part I

Luminiţa DIMA, lecturer, Ph. D, Protection of the Employees’ Rights in Case of Undertaking of Business or of Parts of Business – A Few Issues Ocurred upon Transposing and Implementing European Legislation
Law no. 67/2006 regarding the protection of the employees’ rights in case of transfer of undertaking, business or parts of undertakings or businesses generally ensures a correct and complete transposition of Directive 2001/23/EC. However, some of the Directive’s requirements were incorrectly or incompletely transposed, such as the concept of transfer, liability in respect of obligations which arose before the date of transfer from an employment relationship existing on the date of the transfer, non-applicability of the safeguarding provisions in case the transferor is the subject of bankruptcy proceedings or any analogous insolvency proceedings which have been instituted with a view to the liquidation of the assets of the transferor. On the other side, the practice encountered a series of problems when implementing the provisions of law regarding, for example, the automatic transfer of employees, fulfilment of information and consultation obligations, transfer of the rights provided by the collective labour agreement in force, possibility to dismiss the employees affected by the transfer.

Keywords: protection of the employees’ rights, undertaking, bankruptcy proceedings, insolvency proceedings, information and consultation obligations, collective labour agreement

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