Transfer of undertakings : the legal pitfalls
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書誌事項
Transfer of undertakings : the legal pitfalls
（Longman intelligence reports）
Longman, c1989
3rd ed
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注記
Previous ed.: 1987
Includes index
内容説明・目次
内容説明
This report deals with the complexites of the Transfer of Undertakings (Protection of Employment) Regulations 1981, and details the subsequent amendments made to the regulations providing the reader with the thorough understanding necessary to avoid the many potential pitfalls. This edition takes into account the judgement in Lister v Forth Dry Dock Engineering estuary which interprets some fundamental terms in the transfers of undertakings. The Report has also been expanded to cover account share option schemes, restrictive covenants and pensions. The rights of employees when a company changes hands are becoming increasingly important in the present economic climate of ever more takeovers and mergers.
目次
- Part 1 Introduction: the regulations
- European Directive
- the law prior to the Regulations. Part 2 What is a transfer of an undertaking?: the importance of goodwill
- particular problems - franchises and single contracts
- transfers not covered by the Regulations
- transfer of part of an undertaking
- a series of transactions. Part 3 The rights and obligations transferred: whose contracts are subject to the transfer principle?
- what rights, duties, powers and liabilities are transferred?
- rights and obligations not transferred
- when rights and obligations are transferred
- protecting the purchaser. Part 4 Hiving down: Regulation 4. Part 5 The position of the employee: pensions
- non-contractual provisions
- a possible resolution. Part 6 Dismissals and redundancy: dismissals and transfers
- the effect of automatic transfer on redundancy - summary. Part 7 The position of the union: information and consultation
- collective bargains
- recognition. Appendices: possible indemnity clauses
- the Regulations
- the Transfer Directive.
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