Overview
- In this book specialised employment lawyers from around the globe provide a practical, business-oriented and accessible guide to key employment and labour law aspects in national and international transfers of business
- The book contains a unique global compilation of the relevant employment and labour law aspects of transfers of business in the European Union, its member states and selected important countries around the world
- Comprehensive overviews of relevant case laws and excerpts of relevant statutory provisions offer a practical and informative insight into the respective jurisdictions
- The consistent structure of the country chapters enables the reader to easily access and compare the legal situations in different countries
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Table of contents (27 chapters)
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Front Matter
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EU Law and EU Countries
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Front Matter
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Non-EU Countries in Wider Europe
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Front Matter
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Keywords
- Collective agreement
- Cross-border transfer of business
- Insolvency
- Labour law
- Legal transfer
- Mergers and acquisitions
- Transformation act
- TUPE
- Restructuring
- M&A Transaction
- Acquired Rights Directive
- Global HR Guide
- Employment rights
- Employee representation
- Company pension
- Asset deal
- Share deal
- Mass dismissals
- Charter of Fundamental Rights
- TFEU
About this book
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 requiresto 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.
Editors and Affiliations
About the editors
Jens Kirchner advises national and international companies on all aspects of labour and employment law. In addition, he focuses on national and cross-border restructurings, acquisitions and outsourcing measures.
He has extensive experience in negotiations with works councils on co-determination rights and on enforcing operational changes requiring a balance of interests and social compensation plans. Furthermore, he also has experience with complex transfers of business, company's pension schemes, codes of conducts, issues of data protection, and with the secondment of employees to foreign countries.
Jens advises companies in the technology, metal, chemical, medical, telecommunication, aviation and automotive industries as well as in the banking and insurance sector.
Dr Sascha Morgenroth, Counsel at DLA Piper
Sascha Morgenroth is a certified professional for employment and labour law (Fachanwalt für Arbeitsrecht) and advises national and international companies in all aspects of collective labour and individual employment law.
His experience involves national and cross-border restructurings, acquisitions, transfer of undertakings, negotiations with works councils regarding co-determination with respect to operational changes on balance of interests and social plans, mass dismissals, co-determination at board level in case of cross-border transformations, service relationships with managing directors and board-members, employee data protection law, employee secondments and employment of foreign employees in Germany.
Tim Marshall, Partner and Joint Global Head of Employment at DLA Piper
Tim Marshall is experienced in all areas or employment law, including senior executive restraint, team poaching and confidentiality issues.
Tim also advises on the employment aspects of mergers and acquisitions including large-scale restructuring programmes, and contract variation exercises. He provides strategic advice on boardroom disputes and has been involved in numerous high-profile cases involving City of London institutions.
Tim is joint global head of the firm's Employment group. The group consists of over 300 lawyers globally with resources across Europe, Middle East, Asia-Pacific and Americas. The team is one of the largest in the world and focuses on the strategic aims of clients in the management and reorganisation of their people resources with extensive experience in handling complex, politically sensitive employment-related matters, including multi-jurisdictional employment related projects.
Bibliographic Information
Book Title: Transfer of Business and Acquired Employee Rights
Book Subtitle: A Practical Guide for Europe and Across the Globe
Editors: Jens Kirchner, Sascha Morgenroth, Tim Marshall
DOI: https://doi.org/10.1007/978-3-662-49007-5
Publisher: Springer Berlin, Heidelberg
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer-Verlag Berlin Heidelberg 2016
Hardcover ISBN: 978-3-662-49005-1Published: 11 July 2016
Softcover ISBN: 978-3-662-56968-9Published: 20 June 2018
eBook ISBN: 978-3-662-49007-5Published: 01 July 2016
Edition Number: 1
Number of Pages: XXIX, 745
Topics: Private International Law, International & Foreign Law, Comparative Law , International Economic Law, Trade Law, Finance, general, European Law, Human Resource Management, Commercial Law