Transfer Of Business And Acquired Employee Rights

Author : Jens Kirchner,Sascha Morgenroth,Tim Marshall
Publisher : Springer
Page : 745 pages
File Size : 48,6 Mb
Release : 2016-07-01
Category : Law
ISBN : 9783662490075

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Transfer of Business and Acquired Employee Rights by Jens Kirchner,Sascha Morgenroth,Tim Marshall Pdf

This book provides practical, business-orientated and accessible guidance on key employment and labour law aspects in national and international transfers of business in the European Union, its member states and selected important countries around the world. It contains a comprehensive overview of relevant topics such as safeguarding of employees' rights, impacts on employees' representatives and on collective agreements, company pension entitlements, insolvency, M&A transactions and cross-border transfers of business for each country covered. This overview is accompanied by summaries of leading case law and excerpts of important national regulations. Transfers of business play an important role in today's globalised business world. In particular, employment and labour impacts of transfers of businesses are often a driving legal and business factor in national and international restructurings and M&A transactions. The successful implementation of transfers of business requires to recognise and comply with the relevant legal frameworks of the countries involved. This publication is written by specialised employment lawyers from around the globe and addresses in-house counsels, human resources managers and legal advisors in charge of or accompanying national or international transactions.

Author : John McMullen
Publisher : MICHIE
Page : 253 pages
File Size : 50,8 Mb
Release : 1987
Category : Consolidation and merger of corporations
ISBN : 0406658544

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Business Transfers and Employee Rights by John McMullen Pdf

Author : John Mullen
Publisher : MICHIE
Page : 370 pages
File Size : 54,6 Mb
Release : 1997
Category : Electronic
ISBN : 0406044678

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McMullen by John Mullen Pdf

This text explains the complex legal rules applying to employees' rights when businesses are transfered, highlighting the practical implications of these rules. The author examines the issues from the point of view of both transferee and transferor companies, as well as of the employees themselves. Appendices of relevant statutory provisions, precedents of indemnity clauses, and checklists are included, and this edition takes into account legel developments, including changes to the Acquired Rights Directive.

Author : Michael Ryley
Publisher : Thorogood Publishing
Page : 118 pages
File Size : 47,7 Mb
Release : 2006
Category : Business & Economics
ISBN : 9781854183637

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Employment Law Aspects of Mergers and Acquisitions by Michael Ryley Pdf

The employment law and personnel management issues that arise when businesses are bought and sold are of great concern not only to the employees but also to the management of both purchaser and vendor. This Report will help managers to understand the key practical and legal issues, achieve consensus and involvement at all levels, understand and implement TUPE regulations and identify the documentation that needs to be drafted or reviewed within the context of a merger, acquisition or disposal.

Author : Incomes Data Services
Publisher : Sweet & Maxwell
Page : 606 pages
File Size : 49,9 Mb
Release : 2011-03
Category : Business enterprises
ISBN : 9780414029835

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Transfer of Undertakings by Incomes Data Services Pdf

"When a business is sold by one employer to another, or the responsibility for providing a service transfers from one employer to another, what happens to the dedicated workforce? Do the employees concerned have the right to work for the new employer? And if so, do they retain the contractual and other employment rights that they enjoyed prior to the transfer, or is the new employer entitled to vary their contracts in order to harmonise their terms and conditions with those of any existing employees? These are the main issues with which the Transfer of Undertakings (Protection of Employment) Regulations 2006 SI 2006/246 (TUPE) - the focus of this Handbook - are concerned."--Back cover.

Author : Colin Bourn
Publisher : Routledge
Page : 285 pages
File Size : 54,6 Mb
Release : 2018-05-08
Category : Social Science
ISBN : 9781351791601

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The Transfer of Undertakings in the Public Sector by Colin Bourn Pdf

This title was first published in 2000: This volume discusses the impact of the transfer of undertakings regime upon the public sector, particularly focusing on the interaction between the protection of employee rights and the restructuring and modernization of public services. The crux of the book is the interaction of market-led policies in the public sector, such as compulsory competitive tendering, best value and the PFI, with the protection of employee rights on the transfer of imployment. It considers the evolving law on the scope of a relevant transfer under the European Acquired Rights Directive and the TUPE regulations, before reviewing the present stte of the law on dismissals, variation of terms, pensions and employee consultation in transfer-related situations. The book incorporates consideration of the text of the 1998 revision of the Acquired Rights Directive.

Author : John McMullen
Publisher : Unknown
Page : 370 pages
File Size : 47,9 Mb
Release : 1991
Category : Electronic
ISBN : 0406925992

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Business Transfers and Employee Rights by John McMullen Pdf

Author : Alberta Law Reform Institute
Publisher : Unknown
Page : 54 pages
File Size : 50,8 Mb
Release : 1990
Category : Law
ISBN : STANFORD:36105044273022

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The Bulk Sales Act by Alberta Law Reform Institute Pdf

This report describes the Act and states the reasons for our conclusion that the Act should be repealed. It also contains the text of the Act, describes the survey conducted of members of the legal profession regarding their views on the Act, and summarizes the most frequently expressed reasons for retaining the Act, and states why it was concluded that those reasons were overborne by those in favour of repeal. Finally, it describes some approaches that could be taken to reforming rather than repealing the Act.

Author : Jens Kirchner,Pascal R. Kremp,Michael Magotsch
Publisher : Springer Science & Business Media
Page : 348 pages
File Size : 46,8 Mb
Release : 2010-06-16
Category : Law
ISBN : 9783642006784

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Key Aspects of German Employment and Labour Law by Jens Kirchner,Pascal R. Kremp,Michael Magotsch Pdf

This publication gives an overview of all key aspects of German labour and employment law as well as adjoining fields. Legal professionals with expert knowledge and many years of experience explain the legal basis of these aspects of German law, point out typical practical problems and suggest solutions to those problems. In addition, examples are given on how to best manage legal pitfalls to minimize risks. This book translates employment and labour law for foreign in-house counsels and human resources managers at international companies and provides a clear understanding of the complex legal regulations in Germany. All three editors of the book, Dr. Jens Kirchner, Pascal R. Kremp and Michael Magotsch, are key legal professionals working at the Frankfurt office of DLA Piper, one of the largest legal services providers in the world (www.dlapiper.com), with national and multinational clients. Their experience includes the management of cross-border restructurings, outsourcing and transfer of undertaking measures, as well as the management of national and multi-jurisdictional merger and acquisitions projects, including post-merger integration processes.

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 55,5 Mb
Release : 1998
Category : Electronic
ISBN : OCLC:632829560

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Business Transfers and Employee Rights by Anonim Pdf

Author : Olga Aikin
Publisher : Lexis Nexis UK
Page : 292 pages
File Size : 42,5 Mb
Release : 2003
Category : Business enterprises
ISBN : 075451661X

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Tolley's Managing Business Transfers by Olga Aikin Pdf

Managing Business Transfers provides practical guidance, sample documents and strategies for managing the employment law aspects of takeovers. Highly accessible and ideal for HR professionals and advisers, this guide will advise on the impact of amendments to TUPE and all relevant case law, the legal effects of a transfer, contracting out, changing employees' terms and conditions, occupational pension rights, insolvency and the revised Acquired Rights Directive.

Author : Chris Todd (Attorney),Darcy Du Toit,Craig Bosch
Publisher : Butterworth-Heinemann
Page : 249 pages
File Size : 55,9 Mb
Release : 2004
Category : Business enterprises
ISBN : 0409012467

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Business Transfers and Employment Rights in South Africa by Chris Todd (Attorney),Darcy Du Toit,Craig Bosch Pdf

Author : Jeff Kenner
Publisher : Bloomsbury Publishing
Page : 648 pages
File Size : 47,9 Mb
Release : 2002-12-23
Category : Law
ISBN : 9781847312471

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EU Employment Law by Jeff Kenner Pdf

This book traces the evolution of European Union employment law and social policy from its essentially economic origins in the Treaty of Rome through to the emerging themes post-Amsterdam: co-ordination of national employment policies,modernisation of social laws and combating discrimination. Each stage of development of Community employment law and social policy is analysed in depth to give a sense of perspective to this fast changing field. As the European Union seeks to meet the challenges of globalisation the need to develop social policy as a productive factor has come to the fore. The author explains how the social, economic and employment imperatives of European integration have always been intertwined and how the emergence of Community employment law from its hitherto twilight existence is best understood through an examination of consistent strands of policy development.

Author : Kirsten Henckel
Publisher : Kluwer Law International B.V.
Page : 400 pages
File Size : 43,8 Mb
Release : 2016-04-24
Category : Law
ISBN : 9789041192615

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Cross-Border Transfers of Undertakings by Kirsten Henckel Pdf

Globalization and market integration have shaped the economic climate in such a way as to give rise to a considerable increase in cross-border mergers, acquisitions and corporate restructurings. However, the primary European Union (EU) legislation in this area – the Acquired Rights Directive – brings about only partial and minimum harmonization, giving rise to differences in the employee protective regime across the EU Member States. This book, the rst full analysis of the EU-level private international law implications of the subject, masterfully addresses the plethora of questions that arise and presents well-considered and soundly based recommendations towards the introduction of a new and uniform con ict of laws path for transfers of undertakings throughout the EU. With a methodology that combines comparative, ‘black letter’, legal historical and empirical approaches, the author addresses such issues and topics as the following: – determination of applicable law both upon and after a transfer; – jurisdictional issues; – the main provisions of the Acquired Rights Directive and their content; – the main differences existing among the relevant laws of the Member States; – special characteristics of the maritime sector and seagoing workers; and – cross-border implications of Brexit. This book critically evaluates the existing rules on international jurisdiction and the con ict of laws relating to cross-border transfers of undertakings, clearly exposing the regime’s merits and demerits. Counsel representing any actor involved in a cross-border merger, acquisition, or business restructuring – transferor, transferee, or affected employees – will be well served with this exemplary account of their legal position both before and after the transfer. In addition, policymakers, legislators and interested academics will bene t greatly from the author’s clearly presented guidelines on the development of an EU-wide con ict of laws regime for transfers of undertakings.

Author : Simon Honeyball
Publisher : Oxford University Press, USA
Page : 545 pages
File Size : 55,8 Mb
Release : 2012-07-19
Category : Business & Economics
ISBN : 9780199639854

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Honeyball and Bowers' Textbook on Employment Law by Simon Honeyball Pdf

This textbook now includes more diagrams and flowcharts, and the discrimination and unfair dismissal sections have been thoroughly updated in light of recent legislation. This work remains a concise yet analytical introduction to employment law.