The Issue The scope of Art 3(3) of the Directive which is concerned with the rights under collective agreements following a transfer The Facts The Austrian Chamber of Commerce (ACC) responsible for transport had entered two collective agreements on behalf of … Continue reading →

  The Court of Justice of the European Union (‘CJEU’) has handed down judgment in this case today (18 July 2013). Summary The CJEU  has held where a transferee does not have the right to participate in the negotiating process relating to the collective … Continue reading →

The issue in this long running case is whether collective agreements have a dynamic or static interpretation on transfer.  Put another way do they freeze in time at the point of transfer or are employees who transfer entitled to rely on … Continue reading →

In this case two questions were referred to the ECJ: (i)  When a contract of employment refers to a collective agreement (in force at the time of the transfer) to which only the transferor has signed up, is the transferee … Continue reading →