Cross-border transfers of undertakings
|PhD ceremony:||mr. K.C. (Kirsten) Henckel|
|When:||December 15, 2016|
|Supervisor:||prof. mr. dr. M.H. (Mathijs) ten Wolde|
|Co-supervisor:||mr. J.G. (Jan-Ger) Knot|
|Where:||Academy building RUG|
Have you ever thought of the rights you possess in the event that that the undertaking in which your are employed is transferred to a new employer and moves abroad? This thesis answers these, and other, questions. Cross-border mergers, acquisitions and restructurings are the order of the day. At a European level the Acquired Rights Directive secures the automatic transfers of the rights and obligations stemming from the employment contract to the transferee. In essence, at the time of the transfer the employees have become automatically employed by the new employer. Because the EU Member States have transposed the directive in different ways and offer additional laws and regulations in this regard, a cross-border transfer of undertaking naturally gives rise to questions of jurisdiction and the conflict of laws. The present research tries to solve the problems arising in this regard by making a plea for the introduction of new, uniform private international law provisions into the Acquired Rights Directive.