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European Observer on fundamental right's respect

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Case Law C-328/13 (11/09/2014)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 09/11/2014

Subject: The Court, interpreting Directive 2001/23/EC on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses, affirmed that the terms and conditions laid down in a collective agreement, which, pursuant to the law of a Member State, despite the rescission of that agreement, continue to produce their effects as regards the employment relationship which was governed by them before the agreement was terminated, constitute ‘terms and conditions agreed in any collective agreement’ so long as that employment relationship is not subject to a new collective agreement or a new individual agreement is not concluded with the employees concerned.

Parties: Österreichischer Gewerkschaftsbund

Classification: Solidarity - Art. 28 Rights of workers, employers and their organisations: collective agreements

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