Analysis of the Portuguese legal framework concerning the safeguarding of employees' rights in the event of
the transfer of an undertaking or an establishment compliance with the directive 2001/23/CE of 12 march 2001

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Publication Details

Author list: Mota de Carvalho, S.
Publisher: Bucharest University of Economic Studies
Publication year: 2015
Journal: Juridical Tribune (2247-7195)
Volume number: 5
Issue number: 2
Start page: 106
End page: 123
Number of pages: 18
ISSN: 2247-7195
eISSN: 2248-0382
Languages: English-Great Britain (EN-GB)


The undertaking, business, or part of an undertaking or business can be

transferred to another person or corporation as a result of a merger or a legal transfer,

transitory or definitive. As a consequence of the transfer, there is subrogation ex lege of the

transferee in the rights and obligations arising from the employment relationship existing

on the date of a transfer. This issue is of the utmost importance to accomplish the freedom

of the employer negotiate the undertaking and the protection of employees' rights as well.

The Portuguese legal framework has been shaped by Directive 77/187/ CEE and

subsequently by Directive 2001/23/CE. In this paper, in order to assess the compliance of

the legal framework concerning the enshrined in Labor Code with the Directive 2001/23

/CE, it will be performed a comparative analysis between both regulations, which will be

coordinated with the case law from the Court of Justice and Portuguese Courts. We will

conclude that, apart from some issues, the Portuguese labour law regarding the

safeguarding of employees' rights in the event of the transfer of an undertaking complies

with the Directive 2001/23 /CE and the case law from the Court of Justice.




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Last updated on 2019-10-08 at 00:15