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The Law on the continuity of undertakings (LCU) sets out the rules on judicial reorganisation by transfer under judicial supervision (with a view to maintaining all or part of the transferor or its activities and avoiding bankruptcy). The LCU allows the transferee to choose the employees it wishes to keep on. In its decision of 16 May 2019, the Court of Justice of the European Union says that the LCU entitling the transferee to choose the employees which it wishes to keep on, violates Council Directive 2001/23/EC of 12 March 2001 on TUPE. Link to decision: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62017CJ0509&from=NL
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Today (14 May 2019), the European Court of Justice decided that Directive 2003/88/EC, the Charter of Fundamental Rights of the European Union and Council Directive 89/391/EEC, must be interpreted as precluding a law of a Member State that, according to the interpretation given to it in national case-law, does not require employers to set up a system enabling the duration of time worked each day by each worker to be measured. Full text of the decision: http://curia.europa.eu/juris/document/document.jsf;jsessionid=2BB3C180F63BED65222382F8337641BA?text=&docid=214043&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid=7780555
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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. ■
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In the modern economy, innovative companies require alternatives to the traditional employment relationship. With this webinar, we will shed our professional light on the employment law challenges of the gig economy including: (i) How to enable a successful development of the various platforms while, at the same time, ensuring protection of the platform-worker; (ii) Various legal forms of engaging platform-workers, including the consequences from an employment law and social security perspective.This webinar will be presented in English.To register: https://www.littler.com/events/gig-economy-lowlands-how-view-industry-belgium-and-netherlands