Employees’ Rights in Case of a Transfer of Undertaking
In case of a transfer of undertaking, employees are transferred as a matter of law, and consent of the employees is not required, and no notice is required. The new employer must maintain the employee’s work category, benefits, rights, salaries and seniority acquired with the prior employer or the terms of employment may change only for the benefit of the employee. All liabilities of the in-scope employees transfer automatically to the new employer.
Requirements for Predecessor and Successor Parties
The prior employer will be jointly liable with new employer for any labor and social security debts arising out of the employment before the date of transfer. The new employer becomes solely liable for those debts generated after the transfer. There is no legal obligation to inform, consult or require authorization of trade union/employee representatives or labour authorities.