Download or read book Transfer of Business and Acquired Employee Rights written by Jens Kirchner and published by Springer. This book was released on 2016-07-01 with total page 755 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 requires to 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.
Download or read book Business Transfers and Employee Rights written by John McMullen and published by MICHIE. This book was released on 1987 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book McMullen written by John Mullen and published by MICHIE. This book was released on 1997 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text explains the complex legal rules applying to employees' rights when businesses are transfered, highlighting the practical implications of these rules. The author examines the issues from the point of view of both transferee and transferor companies, as well as of the employees themselves. Appendices of relevant statutory provisions, precedents of indemnity clauses, and checklists are included, and this edition takes into account legel developments, including changes to the Acquired Rights Directive.
Download or read book Employment Law Aspects of Mergers and Acquisitions written by Michael Ryley and published by Thorogood Publishing. This book was released on 2006 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: The employment law and personnel management issues that arise when businesses are bought and sold are of great concern not only to the employees but also to the management of both purchaser and vendor. This Report will help managers to understand the key practical and legal issues, achieve consensus and involvement at all levels, understand and implement TUPE regulations and identify the documentation that needs to be drafted or reviewed within the context of a merger, acquisition or disposal.
Download or read book Transfer of Undertakings written by Incomes Data Services and published by Sweet & Maxwell. This book was released on 2011-03 with total page 606 pages. Available in PDF, EPUB and Kindle. Book excerpt: "When a business is sold by one employer to another, or the responsibility for providing a service transfers from one employer to another, what happens to the dedicated workforce? Do the employees concerned have the right to work for the new employer? And if so, do they retain the contractual and other employment rights that they enjoyed prior to the transfer, or is the new employer entitled to vary their contracts in order to harmonise their terms and conditions with those of any existing employees? These are the main issues with which the Transfer of Undertakings (Protection of Employment) Regulations 2006 SI 2006/246 (TUPE) - the focus of this Handbook - are concerned."--Back cover.
Download or read book The Transfer of Undertakings in the Public Sector written by Colin Bourn and published by Routledge. This book was released on 2018-05-08 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2000: This volume discusses the impact of the transfer of undertakings regime upon the public sector, particularly focusing on the interaction between the protection of employee rights and the restructuring and modernization of public services. The crux of the book is the interaction of market-led policies in the public sector, such as compulsory competitive tendering, best value and the PFI, with the protection of employee rights on the transfer of imployment. It considers the evolving law on the scope of a relevant transfer under the European Acquired Rights Directive and the TUPE regulations, before reviewing the present stte of the law on dismissals, variation of terms, pensions and employee consultation in transfer-related situations. The book incorporates consideration of the text of the 1998 revision of the Acquired Rights Directive.
Download or read book Tolley s Managing Business Transfers written by Olga Aikin and published by Lexis Nexis UK. This book was released on 2003 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Managing Business Transfers provides practical guidance, sample documents and strategies for managing the employment law aspects of takeovers. Highly accessible and ideal for HR professionals and advisers, this guide will advise on the impact of amendments to TUPE and all relevant case law, the legal effects of a transfer, contracting out, changing employees' terms and conditions, occupational pension rights, insolvency and the revised Acquired Rights Directive.
Download or read book Cross Border Transfers of Undertakings written by Kirsten Henckel and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalization and market integration have shaped the economic climate in such a way as to give rise to a considerable increase in cross-border mergers, acquisitions and corporate restructurings. However, the primary European Union (EU) legislation in this area – the Acquired Rights Directive – brings about only partial and minimum harmonization, giving rise to differences in the employee protective regime across the EU Member States. This book, the rst full analysis of the EU-level private international law implications of the subject, masterfully addresses the plethora of questions that arise and presents well-considered and soundly based recommendations towards the introduction of a new and uniform con ict of laws path for transfers of undertakings throughout the EU. With a methodology that combines comparative, ‘black letter’, legal historical and empirical approaches, the author addresses such issues and topics as the following: – determination of applicable law both upon and after a transfer; – jurisdictional issues; – the main provisions of the Acquired Rights Directive and their content; – the main differences existing among the relevant laws of the Member States; – special characteristics of the maritime sector and seagoing workers; and – cross-border implications of Brexit. This book critically evaluates the existing rules on international jurisdiction and the con ict of laws relating to cross-border transfers of undertakings, clearly exposing the regime’s merits and demerits. Counsel representing any actor involved in a cross-border merger, acquisition, or business restructuring – transferor, transferee, or affected employees – will be well served with this exemplary account of their legal position both before and after the transfer. In addition, policymakers, legislators and interested academics will bene t greatly from the author’s clearly presented guidelines on the development of an EU-wide con ict of laws regime for transfers of undertakings.
Download or read book Basic Guide to the National Labor Relations Act written by United States. National Labor Relations Board. Office of the General Counsel and published by U.S. Government Printing Office. This book was released on 1997 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Key Aspects of German Employment and Labour Law written by Jens Kirchner and published by Springer Science & Business Media. This book was released on 2010-06-16 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication gives an overview of all key aspects of German labour and employment law as well as adjoining fields. Legal professionals with expert knowledge and many years of experience explain the legal basis of these aspects of German law, point out typical practical problems and suggest solutions to those problems. In addition, examples are given on how to best manage legal pitfalls to minimize risks. This book translates employment and labour law for foreign in-house counsels and human resources managers at international companies and provides a clear understanding of the complex legal regulations in Germany. All three editors of the book, Dr. Jens Kirchner, Pascal R. Kremp and Michael Magotsch, are key legal professionals working at the Frankfurt office of DLA Piper, one of the largest legal services providers in the world (www.dlapiper.com), with national and multinational clients. Their experience includes the management of cross-border restructurings, outsourcing and transfer of undertaking measures, as well as the management of national and multi-jurisdictional merger and acquisitions projects, including post-merger integration processes.
Download or read book Business Transfers written by University College, Dublin. Irish Centre for Commercial Law Studies and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1506 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Download or read book Buyer Beware written by Elvira Medici and published by . This book was released on 2016-12-29 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have seen a huge growth in European cross-border mergers and acquisitions (M & A), and considerable attention has been given to how such deals arise and are completed. A U.S. investor must understand the basic difference in the principle of individual labor law in the United States and how it compares with the laws of the target country in an M & A. The European Community's Directive calls for a cooperative relationship between employer and employees. Most theoretical emphasis has been placed upon noncultural factors although it is increasingly recognized business performance cannot be separated out from national or regional cultural influence. In the United States, under the employment at-will doctrine, the U.S. private sector employers can dismiss their nonunionized employees at any time for any reason or even no reason at all. Thus, nonunion U.S. private employers do not have to demonstrate "just cause" to terminate an employee without paying severance or providing notice. They just have to make sure that the termination is not for discriminatory (e.g., based on sex, age, race, national origin, religion, or disability) or retaliatory reasons, which are outlawed by federal, state, and sometimes, local statutes. In most European Union (EU) countries and Germany and Italy specifically, employees are presumed to have a basic right to keep their jobs indefinitely. One of the greatest labor cost disparity with the United States is not wages. It is the amount of paid time-off and other perquisites or benefits. Employers in Germany and Italy will find it difficult to discharge employees without incurring substantial liability. Termination without consequence to employer can happen only if the employer has "just cause." What constitutes "just cause" is often specifically defined in the law and nothing less than serious misconduct qualifies. If the employer cannot prove "just cause," it must either provide a lengthy pretermination notice period or pay a very generous severance based on seniority. For high-level, long-term employees, these severance payments can run into six or even seven figures. In addition, back wages often accrue until a ruling is made in the case. The fundamental distinctions between these countries and the United States will not only influence a company's bottom-line profit, but also the success or failure of a merger and acquisition. These systems of corporate governance may come into conflict with American business' perceptions of what constitutes paid labor benefits and the need for "soft due diligence" research at the reacquisition stage. To assure success of the merger or acquisition or both and avoid a point of conflict, the company needs to understand the cultural landscape of the market, the target country's labor laws, investigate the cost of compliance or violation, and the success of the postacquisition phase.
Download or read book TUPE written by Gill Sage and published by . This book was released on 2002 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ensuring that the rights of employees are catered for in any business transfer can be a potential minefield and failure to comply with the Transfer of Undertakings regulations can result in expensive and time consuming legal challenges.
Download or read book Labor Management Reporting and Disclosure Act of 1959 as Amended written by and published by . This book was released on 1999 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book EU Employment Law written by Jeff Kenner and published by Bloomsbury Publishing. This book was released on 2002-12-23 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the evolution of European Union employment law and social policy from its essentially economic origins in the Treaty of Rome through to the emerging themes post-Amsterdam: co-ordination of national employment policies,modernisation of social laws and combating discrimination. Each stage of development of Community employment law and social policy is analysed in depth to give a sense of perspective to this fast changing field. As the European Union seeks to meet the challenges of globalisation the need to develop social policy as a productive factor has come to the fore. The author explains how the social, economic and employment imperatives of European integration have always been intertwined and how the emergence of Community employment law from its hitherto twilight existence is best understood through an examination of consistent strands of policy development.
Download or read book Getting People and Culture Right in Mergers and Acquisitions written by Richard Bellingham and published by Human Resource Development. This book was released on 2010-05 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: People and culture the two most important ingredients in generating new sources of gain and intellectual property in a merger or acquisition are all too often underleveraged. In this book for HR professionals, Dr. Bellingham focuses on how you can manage these critical components in the change process, elevate your strategic importance and personal positioning in the organization and contribute to the lasting success of the business. In eight chapters, this must-read manual will prepare you to handle the critical areas in which HR should play a major role before they come up. These include organization design and staffing, key talent retention, strategic engagement, leader transition, senior leadership summit, team alignment, culture alignment and change leadership.
