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Cross-border transfers of undertakings in the context of Council Directive 77/187 of February 14, 1977

Cross-border transfers of undertakings in the context of Council Directive 77/187 of February 14, 1977 PDF Author: Christoph Löbig
Publisher: GRIN Verlag
ISBN: 3640793234
Category : Law
Languages : de
Pages : 30

Book Description
Studienarbeit aus dem Jahr 2008 im Fachbereich Jura - Europarecht, Völkerrecht, Internationales Privatrecht, Note: 82,00 %, King`s College London (Faculty of Law), Veranstaltung: European Labour Law, Sprache: Deutsch, Abstract: While mergers, acquisitions and outsourcing processes were mainly confined to the borders of individual Member States between the late 1960s and mid-1970s, the internationalisation of capital markets, the abolition of obstacles to trade, the improved infrastructure and the widespread supply of qualified labour entailed a significant rise in the number of cross-border transfers of undertakings during the second half of the 1980s and from 1995 onwards. Between 2002 and 2006, offshoring and delocalization operations from one Member State to another increased by 800 percent according to the European Restructuring Monitor. The European Commission ascribes this trend to the enlargement of the European Union, the consolidation of the internal market and the introduction of facilitating legal measures and expects the increase of transnational transfers of undertakings to continue. The purpose of this essay is to investigate in how far the Directive could be amended to deal with the specific case of cross-border transfers of undertakings. In order to provide a sophisticated solution, I will first outline the relevant scenarios in which cross-border transfers of undertakings may possibly occur in practice and discuss whether those cases are covered or if the Directive’s scope needs to be extended. Subsequently, I will check whether the definition of transfers of undertakings is broad enough to apply to cross-border transfers or if it is necessary to introduce amendments in order to safeguard workers’ interests sufficiently. The main focus of this paper, however, lies on the analysis of the appropriateness of the three substantive pillars of protection in cross-border scenarios. Eventually, I will briefly address problems in relation to conflicts of jurisdictions before I give a personal recommendation.

Cross-border transfers of undertakings in the context of Council Directive 77/187 of February 14, 1977

Cross-border transfers of undertakings in the context of Council Directive 77/187 of February 14, 1977 PDF Author: Christoph Löbig
Publisher: GRIN Verlag
ISBN: 3640793234
Category : Law
Languages : de
Pages : 30

Book Description
Studienarbeit aus dem Jahr 2008 im Fachbereich Jura - Europarecht, Völkerrecht, Internationales Privatrecht, Note: 82,00 %, King`s College London (Faculty of Law), Veranstaltung: European Labour Law, Sprache: Deutsch, Abstract: While mergers, acquisitions and outsourcing processes were mainly confined to the borders of individual Member States between the late 1960s and mid-1970s, the internationalisation of capital markets, the abolition of obstacles to trade, the improved infrastructure and the widespread supply of qualified labour entailed a significant rise in the number of cross-border transfers of undertakings during the second half of the 1980s and from 1995 onwards. Between 2002 and 2006, offshoring and delocalization operations from one Member State to another increased by 800 percent according to the European Restructuring Monitor. The European Commission ascribes this trend to the enlargement of the European Union, the consolidation of the internal market and the introduction of facilitating legal measures and expects the increase of transnational transfers of undertakings to continue. The purpose of this essay is to investigate in how far the Directive could be amended to deal with the specific case of cross-border transfers of undertakings. In order to provide a sophisticated solution, I will first outline the relevant scenarios in which cross-border transfers of undertakings may possibly occur in practice and discuss whether those cases are covered or if the Directive’s scope needs to be extended. Subsequently, I will check whether the definition of transfers of undertakings is broad enough to apply to cross-border transfers or if it is necessary to introduce amendments in order to safeguard workers’ interests sufficiently. The main focus of this paper, however, lies on the analysis of the appropriateness of the three substantive pillars of protection in cross-border scenarios. Eventually, I will briefly address problems in relation to conflicts of jurisdictions before I give a personal recommendation.

The Nordic Labour Relations Model

The Nordic Labour Relations Model PDF Author: Niklas Bruun
Publisher: Dartmouth Publishing Company
ISBN:
Category : Arbetsrätt
Languages : en
Pages : 296

Book Description
Examines the main characteristics of the labour relations systems in the Nordic countries (except Iceland). Labour union movement has a great impact on these systems due to high rates of affiliation among workers and this text presents new aspects on the Nordic model for labour relations.

Cross-Border Transfers of Undertakings

Cross-Border Transfers of Undertakings PDF Author: Kirsten Henckel
Publisher: Kluwer Law International B.V.
ISBN: 9041192611
Category : Law
Languages : en
Pages : 400

Book Description
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.

Importing Into the United States

Importing Into the United States PDF Author: U. S. Customs and Border Protection
Publisher:
ISBN: 9781304100061
Category : Education
Languages : en
Pages : 0

Book Description
Explains process of importing goods into the U.S., including informed compliance, invoices, duty assessments, classification and value, marking requirements, etc.

Commencement of Insolvency Proceedings

Commencement of Insolvency Proceedings PDF Author: Dennis Faber
Publisher: OUP Oxford
ISBN: 0191630918
Category : Law
Languages : en
Pages : 1351

Book Description
This is the first volume in the new Oxford International and Comparative Insolvency Law Series. The series will provide a comparative analysis of all important aspects of insolvency proceedings and domestic insolvency laws in the main economically developed and emerging countries, starting with the opening of proceedings. This volume addresses the commencement of insolvency proceedings over business debtors and the conditions in which they may arise. It explains the types of proceedings available and the participants involved. The book also analyses the effect of such action on the various players, assets and liabilities concerned. The detail and uniform nature of the treatment of topics helps practitioners to understand specific features of a foreign legal system and effectively brief foreign counsel. For all readers, the book provides access, through analysis in the detailed commentary, to material that was previously only available in a foreign language. Most major legal families (including various mixed legal systems) are covered to reflect the needs of the international insolvency community and intergovernmental organizations. This is the only book that offers a thorough comparative analysis of existing domestic insolvency laws concerning the opening of insolvency proceedings in the main economically developed and emerging countries.

European Comparative Company Law

European Comparative Company Law PDF Author: Mads Andenas
Publisher: Cambridge University Press
ISBN: 113947619X
Category : Law
Languages : en
Pages : 649

Book Description
Company law is undergoing fundamental change in Europe. All European countries have undertaken extensive reform of their company legislation. Domestic reform has traditionally been driven by corporate failures or scandals. Initiatives to make corporate governance more effective are a feature of recent European law reform, as are measures to simplify and ease burdens on smaller and medium-sized businesses (SMEs). An increasing EU harmonisation is taking place through the Company Law Directives, and the free movement of companies is also facilitated by the case law of the European Court of Justice on the directives and the right to free movement and establishment in the EC Treaty. New European corporate forms such as the European Economic Interest Grouping (EEIG) and the European Company (SE) have added new dimensions. At a time of rapid development of EU and national company laws, this book will aid the understanding of an emerging discipline.

Our Common Future

Our Common Future PDF Author:
Publisher:
ISBN: 9780195531916
Category : Australia
Languages : en
Pages : 400

Book Description


The Continental Army

The Continental Army PDF Author: Robert K. Wright
Publisher: Washington, D.C. : Center of Military History, United States Army
ISBN:
Category : History
Languages : en
Pages : 476

Book Description
A narrative analysis of the complex evolution of the Continental Army, with the lineages of the 177 individual units that comprised the Army, and fourteen charts depicting regimental organization.

European Industrial Relations Dictionary

European Industrial Relations Dictionary PDF Author: European Foundation for the Improvement of Living and Working Conditions
Publisher:
ISBN:
Category : Political Science
Languages : en
Pages : 68

Book Description
Contents: CD-ROM containing full text of the dictionary and bibliography and book containing an overview of the dictionary

Integration of the Armed Forces, 1940-1965

Integration of the Armed Forces, 1940-1965 PDF Author: Morris J. MacGregor
Publisher: Government Printing Office
ISBN: 9780160019258
Category : History
Languages : en
Pages : 672

Book Description
CMH Pub 50-1-1. Defense Studies Series. Discusses the evolution of the services' racial policies and practices between World War II and 1965 during the period when black servicemen and women were integrated into the Nation's military units.