Leiharbeit beim Betriebsubergang

Leiharbeit beim Betriebsubergang

by Stefan Witte

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Overview

The work deals with the question whether there is a transfer of rights and obligations regarding the temporary agency workers who are assigned to the non-contractual employer in the event of transfers of undertakings of the non-contractual employer. According to the understanding in German law, the answer was indisputably a clear "no". Today this has changed. In a judgement from the 21st of October, 2010, in the legal case "Albron", the European Court of Justice (ECJ) has decided that there is a transfer of rights and obligations regarding the temporary agency workers who are assigned to the non-contractual employer. The author discusses the reasoning of the ECJ in that judgement as well as other ways of argumentation. After detailled interpretation of the Directive 2001/23/EC, a new way of reasoning is developed, followed by outlining the effects of a transfer on the German law in 613a BGB.

Product Details

ISBN-13: 9783848722969
Publisher: Nomos Verlagsgesellschaft
Publication date: 08/01/2015
Series: Studien zum Arbeitsrecht Series , #10
Pages: 489
Product dimensions: 6.00(w) x 1.25(h) x 9.00(d)

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