Recent years in Europe have been marked by efforts to introduce changes in labour law in order to boost employment, reduce labour costs and increase flexibility of national labour markets. The increased international competition has led to major labour law reforms in some European countries but the majority of national developments still indicate a rather limited reformist approach. Evolutionary rather than revolutionary efforts were initiated to balance the wage-setting mechanisms and to soften the dismissal law protection to create room for flexibility, to increase employment by promoting atypical forms of employment, to accommodate legal regulations to technological advances and the new types of economy. Accompanying social security measures intended to improve the efficiency of active labour market policies.
The current selection of academic contributions intends to provide an overview of recent developments in the legal regulation of labour markets in Eastern and Western European countries. The authors’ contributions could not cover all the aspects of the current state of recent reformist efforts on the labour markets. However, by picturing separate developments in different European countries, it intends to assist in identifying regional similarities. Furthermore, it provides opportunities for exchange of ideas, experiences and practices for shaping labour law both at European and national level.
Business Transfer in the Context of Labour Law Reform (Eglė Tamošiūnaitė)
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Business Transfer in the Context of Labour Law Reform
The paper seeks to overview how the regulation of business transfer might change in the newly adopted Labour Code and what should still be considered for improvement. The analysis is made from the perspective of identifying the object of a business transfer and legal forms of the transfer. The author holds the view that there was some linguistic misinterpretation while implementing Directive 2001/23/EC, which meant that under the former Labour Code (but which is still being used as of the time of writing the article) and under the newly adopted Labour Code both an activity (business or in Lithuanian ‘verslas’) and an organizational unit (undertaking or in Lithuanian ‘įmonė’), which pursues such business activity, can be distinct objects of a transfer. Despite the significance of the notion of ‘economic entity’ under Directive 2001/23/EC, neither the former Labour Code, nor the new Labour Code uses this term and the article will also look at this anomaly. Accordingly, neither of them provide a requirement that the transferred economic entity retain its identity, though such test is obligatory under Directive 2001/23/EC. Lastly, the legal forms by which a certain business transfer can take place and which are named in the new Labour code are discussed. These legal forms – a transaction and a legal act – fully conform to the scope and the interpretation of Directive 2001/23/EC. However, the fact...
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