Part I

Law No. 67/2006 on the protection of employees’ rights in the event of a transfer of an undertaking, a business, or parts thereof generally provides for a correct and complete transposition of Directive 2001/23/EC. However, some of the Directive’s requirements have been transposed incorrectly or incompletely. This is the case with the concept of transfer, liability for obligations arising prior to the date of transfer from an employment relationship existing at the time of transfer, and the non-application of protective provisions where the transferor is subject to bankruptcy proceedings or other similar insolvency proceedings initiated for the purpose of liquidating the transferor’s assets. On the other hand, legal practice has encountered a number of issues in implementing the law’s provisions regarding, for example, the automatic transfer of employees, the fulfillment of information and consultation obligations, the transfer of rights arising from the collective bargaining agreement in force, and the possibility of dismissing employees affected by the transfer.

Keywords: protection of employees’ rights, transfer of an enterprise, bankruptcy proceedings, insolvency proceedings, automatic transfer of employees, obligation to inform and consult, collective bargaining agreement