CJEU to interpret TUPE Directive in case of business transfer to various transferees
This week, our colleague Stefaan Diels represented a client before the Court of Justice of the European Union (CJEU) in a case where the interpretation of the TUPE Directive is in question.
The Belgian labor court of Ghent referred to the CJEU for a preliminary ruling on how to interpret the TUPE Directive in the event of an employee working in various businesses that are transferred to different transferees. The CJEU is asked to clarify whether, in such a situation, the employment contract is converted into part-time contracts transferring to each of the relevant transferees, or whether the employment contract remains with the transferor or is transferred as part of the business representing the highest portion of the employee's activity. ■