THE PROTECTION OF EMPLOYEES' RIGHTS IN THE EVENT OF TRANSFERS OF ENTERPRISES, OF THEIR UNITS OR PARTS FROM THE PERSPECTIVE OF ROMANIAN AND EUROPEAN UNION'S JURISPRUDENCE

Abstract

The paper contains the analysis of the Romanian jurisprudence in correlation with the jurisprudence of the Court of Justice of the European Union in the case of employees' rights in the event of transfers of businesses. Directive 2001/23 / EC was taken over in the Romanian legislation by Law No. 67/2006. In the first part of the paper the author went through the national norm and identified some inconsistencies with the Directive and the case law of the European Court. Then the author analyzed some decisions of the National Court that discussed the issue of employee rights in the case of business transfers, with references to EU law and jurisprudence. Finally, the author presents conclusions and recommendations on the correlation of national case law with that of the EU, followed by references to some legislative measures that could be taken to better implement European rules in this matter.

Keywords

• transfer of businesses
• employee rights
• directive 23/2001
• national jurisprudence
• cjeu jurisprudence