Post by account_disabled on Dec 30, 2023 13:22:35 GMT 2
CJEU Maintenance of workers rights in case of transfer of an enterprise. Labor law European jurisprudence minutes AnaMaria Udriste January In the related Cases C and C the Federal Labor Court Germany questions the maintenance of workers rights in the case of the transfer of an enterprise. Short history The applicants have been employed at the hospital in DreieichLange Germany as a caretakergardener since and as a nurse since . After the transfer in of the hospital by the district of Offenbach Germany a territorial collectivity municipality to a GmbH limited liability company organized under private law the part of the unit where the applicants are employed was transferred in to the enterprise KLS Facility Management GmbH.
Hereinafter referred to as KLS FM. KLS FM Country Email List which was not part of any employers organisation agreed in its individual contract with the applicants that their employment relationship would be governed as it was before the transfer by the Bundesmanteltarifvertrag fr Arbeiter gemeindlicher Verwaltungen und Betriebe Federal Collective Agreement of employees in administrations and institutions hereinafter referred to as BMTG II and through the collective agreements that supplement modify and replace it.
Later KLS FM was integrated into the Asklepios group. It incorporates numerous enterprises in the hospital sector. On July the part of the unit where the applicants are employed was transferred by KLS FM to another group company namely Asklepios. Neither BMTG II nor the Tarifvertrag fr den ffentlichen Dienst collective agreement for the public service hereinafter referred to as TVD which replaces it was nor is it currently binding as a member of an employers organization from October nor the kommunalen Arbeitgeber in den TVD und zur Regelung des bergangsrechts the bridging collective agreement agreed in this regard hereinafter referred to as TVVKA. The applicants asked the courts to find that the provisions of the TVD and the collective.
Hereinafter referred to as KLS FM. KLS FM Country Email List which was not part of any employers organisation agreed in its individual contract with the applicants that their employment relationship would be governed as it was before the transfer by the Bundesmanteltarifvertrag fr Arbeiter gemeindlicher Verwaltungen und Betriebe Federal Collective Agreement of employees in administrations and institutions hereinafter referred to as BMTG II and through the collective agreements that supplement modify and replace it.
Later KLS FM was integrated into the Asklepios group. It incorporates numerous enterprises in the hospital sector. On July the part of the unit where the applicants are employed was transferred by KLS FM to another group company namely Asklepios. Neither BMTG II nor the Tarifvertrag fr den ffentlichen Dienst collective agreement for the public service hereinafter referred to as TVD which replaces it was nor is it currently binding as a member of an employers organization from October nor the kommunalen Arbeitgeber in den TVD und zur Regelung des bergangsrechts the bridging collective agreement agreed in this regard hereinafter referred to as TVVKA. The applicants asked the courts to find that the provisions of the TVD and the collective.