Transfer of undertakings : the legal pitfalls : a specially commissioned report
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書誌事項
Transfer of undertakings : the legal pitfalls : a specially commissioned report
（Longman intelligence reports）
Longman, c1992
4th ed
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内容説明・目次
内容説明
This deals with the legal implications when transferring a business to a new owner, from the job security and benefits of the employees to the rights and obligations of the old and new employers. It provides coverage of issues such as the extent to which changes to pension schemes may furnish the right to claim constructive dismissal on a transfer; whether the award of the Independent Television franchises constitutes a transfer of undertaking; the effect of transfer on share options and the effect of the regulations on privatizations and competititve commercial tendering exercises in local government. It includes extensive case law.
目次
- Part 1 Introduction: the regulations
- European Directive
- the law prior to the regulations
- what is an undertaking? - the importance of goodwill
- particular problems - franchises, single contracts and leases
- transfers not covered by the regulations
- transfer of part of an undertaking
- a series of transactions. Part 2 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 3 Hiving down: regulation 4. Part 4 The position of the employee: pensions
- non-contractual provisions
- a possible resolution. Part 5 Dismissals and redundancy. Part 6 The position of the union: information and consultation
- collective bargains
- recognition. Appendices: sample indemnity clauses
- the regulations
- the transfer directive.
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