Employee Transfers

News & Analysis as of

The Meritas Guide To Employment Law On A Business Sale In Europe, Middle East And Africa - April 2015: UK

1. DO EMPLOYEES AUTOMATICALLY TRANSFER TO THE BUYER WHEN A BUSINESS IS SOLD? Where there is a business transfer or a service provision change (outsourcing or insourcing or a change of provider) which is within the scope...more

The Meritas Guide To Employment Law On A Business Sale In Europe, Middle East And Africa - April 2015: UAE

1. DO EMPLOYEES AUTOMATICALLY TRANSFER TO THE BUYER WHEN A BUSINESS IS SOLD? Except in cases where there is a complete transfer of ownership of a company, there is no automatic transfer of employees and their rights when...more

A New Challenge to Anti-Nepotism Rules Based on Marital Status Discrimination

In a newly filed lawsuit that has garnered some publicity, a Shelton high school teacher is suing the Shelton Public Schools over the imposition of an anti-nepotism rule which she claims constitutes marital status...more

The Meritas Guide To Employment Law On A Business Sale In Europe, Middle East And Africa - April 2015: Turkey

1. DO EMPLOYEES AUTOMATICALLY TRANSFER TO THE BUYER WHEN A BUSINESS IS SOLD? When an undertaking/business is transferred to a new entity all existing employment contracts are automatically transferred to the new entity....more

The Meritas Guide To Employment Law On A Business Sale In Europe, Middle East And Africa - April 2015: Switzerland

1. DO EMPLOYEES AUTOMATICALLY TRANSFER TO THE BUYER WHEN A BUSINESS IS SOLD? When an employer transfers their business or part of the business to a third party transferee, all rights and obligations arising out of the...more

The Meritas Guide To Employment Law On A Business Sale In Europe, Middle East And Africa - April 2015: Spain

1. DO EMPLOYEES AUTOMATICALLY TRANSFER TO THE BUYER WHEN A BUSINESS IS SOLD? According to Spanish Law, in the event of a transfer of undertaking the new employer shall subrogate in the transferor´s rights and...more

The Meritas Guide To Employment Law On A Business Sale In Europe, Middle East And Africa - April 2015: Portugal

1. DO EMPLOYEES AUTOMATICALLY TRANSFER TO THE BUYER WHEN A BUSINESS IS SOLD? Pursuant to the Portuguese Employment Code, there is a transfer of an undertaking when there is a change of ownership of an undertaking or...more

The Meritas Guide To Employment Law On A Business Sale In Europe, Middle East And Africa - April 2015: Poland

1. DO EMPLOYEES AUTOMATICALLY TRANSFER TO THE BUYER WHEN A BUSINESS IS SOLD? Upon a transfer of (or part of) an undertaking to another employer, employees are automatically transferred thereto. Consequently, the...more

The Meritas Guide To Employment Law On A Business Sale In Europe, Middle East And Africa - April 2015: Netherlands

1. DO EMPLOYEES AUTOMATICALLY TRANSFER TO THE BUYER WHEN A BUSINESS IS SOLD? A transfer of undertaking exists if an economic entity is transferred and retains its identity. In the event of a transfer of undertaking, the...more

The Meritas Guide To Employment Law On A Business Sale In Europe, Middle East And Africa - April 2015: Luxembourg

1. DO EMPLOYEES AUTOMATICALLY TRANSFER TO THE BUYER WHEN A BUSINESS IS SOLD? A transfer of undertaking is defined by Article L.127-1 of the Luxembourg Labour Code as any transfer of an undertaking, business, or part of...more

NLRB Discusses Joint Employment for the First Time Since Browning-Ferris

The National Labor Relations Board, in one of its first applications of the Browning-Ferris decision, gave hope to non-union contracting entities engaged in franchising and subcontracting relationships. After an extensive...more

The Meritas Guide To Employment Law On A Business Sale In Europe, Middle East And Africa - April 2015: Kenya

1. DO EMPLOYEES AUTOMATICALLY TRANSFER TO THE BUYER WHEN A BUSINESS IS SOLD? Kenyan law is generally silent on employee rights/employer obligations in the event of a transfer of businesses. It seems therefore that the...more

Employment Law Commentary, October 2015

EU Employment Issues In M&A Transactions - Across industry sectors, there is one thing that all organizations have in common—people. Every organization needs a workforce to steer it in the right direction. This means...more

Recht zum nachträglichen Widerspruch bei unvollständiger Unterrichtung über Betriebsübergang

Ein Arbeitnehmer kann auch nach Ablauf der einmonatigen Widerspruchsfrist des § 613a Abs. 6 BGB Widerspruch gegen den Übergang des Arbeitsverhältnisses einlegen, wenn er aufgrund einer unvollständigen Unterrichtung von einer...more

The Meritas Guide To Employment Law On A Business Sale In Europe, Middle East And Africa - April 2015: Ireland

1. DO EMPLOYEES AUTOMATICALLY TRANSFER TO THE BUYER WHEN A BUSINESS IS SOLD? The European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 are designed to safeguard the rights of...more

No Matter Where You Go, There You Are: How Employee Movements Cause Major E-Discovery Risk

We lose things. Keys, phones, remotes. When I was a kid, if I told my mom that I couldn’t find something, she’d reply, “If I go in your room and find it, you’ll be in big trouble,” so I’d rush back in and look everywhere...more

The Meritas Guide To Employment Law On A Business Sale In Europe, Middle East And Africa - April 2015: Hungary

1. DO EMPLOYEES AUTOMATICALLY TRANSFER TO THE BUYER WHEN A BUSINESS IS SOLD? The Hungarian Labour Act defines a business transfer in line with the provisions of EC Directive 2001/23 of 12 March 2001. As such the rights...more

The Meritas Guide To Employment Law On A Business Sale In Europe, Middle East And Africa - April 2015: Greece

1. DO EMPLOYEES AUTOMATICALLY TRANSFER TO THE BUYER WHEN A BUSINESS IS SOLD? Directive 98/50/EC relating to the safeguarding of employees rights in the event of transfers of undertakings, businesses or parts of...more

The Meritas Guide To Employment Law On A Business Sale In Europe, Middle East And Africa - April 2015: Germany

1. DO EMPLOYEES AUTOMATICALLY TRANSFER TO THE BUYER WHEN A BUSINESS IS SOLD? Section 613a of the German Civil Code (Bürgerliches Gesetzbuch) determines employers’ and employees’ rights and duties in cases of a business...more

When Transferring Employees to the U.S., Foreign Employers Should Consider Impact if Proposed Changes to Overtime Exemption Are...

On July 6, 2015, the Department of Labor (“DOL”) proposed a revision to the “white collar” overtime exemption rule. As explained by Littler when it testified before the House Subcommittee, “the proposed white collar...more

Employee on Long-Term Sick Leave Did Not Transfer Under TUPE

Mr Edwards was employed by BT Managed Services Ltd (BT) in its domestic network outsource (DNO) division. He went on long-term sick leave in 2008 and did not return to work. He initially received permanent health insurance...more

The Meritas Guide To Employment Law On A Business Sale In Europe, Middle East And Africa - April 2015: Belgium

1. DO EMPLOYEES AUTOMATICALLY TRANSFER TO THE BUYER WHEN A BUSINESS IS SOLD? The rights of employees in cases of transfer of (or part of) an undertaking are protected under the Collective Bargaining Agreement n° 32bis...more

EEOC Sues Methodist Health System for Disability Discrimination

Patient Care Technician With Back Injury Denied Transfer to a Job She Could Perform, Federal Agency Charges - DALLAS - Methodist Health System and Methodist Charlton Medical Center, also known as Charlton Methodist...more

5 Tips for Quickly Identifying Responsive Data Sources for E-Discovery Collections

Working with IT or your service provider to collect/process from a variety of data sources, like email archives, file shares, legacy backup tapes, SharePoint, etc., can be a painful and complicated ordeal. You don’t...more

Immigration Laws Impacting the Workplace

The H-1B visa program has been one of the most successful programs in U.S. immigration history, allowing for U.S. entities to hire and place highly skilled workers, holding at least a bachelors’ degree or the equivalent, into...more

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