The Legal Position of Employees in Cross-Border Transfers of Undertakings in the EU

Jonas Malmberg (Arbetslivsinstitutets, Sweden) has published an article on 'The Legal Position of Employees’ in Cross-Border Transfers of Undertakings in the EU: A Question of Jurisdiction and Choice of Law' in the International Journal of Comparative Labour Law and Industrial Relations. Here's the abstract:

This article deals with the rules designed to enforce European Union labour law in the workplace. Directives do not normally provide specific rules on procedures and sanctions according to which their substantive provisions are to be enforced. Instead, domestic rules are to be applied. The European Court of Justice, however, has developed some requirements that limit the autonomy of the Member States in this area. The aim of this article is to evaluate the principle of effective enforcement in the field of labour law, in the light of actual enforcement procedures in the Member States.

The abstract (and full article for those with a subscription) can be found on the Kluwer website. 'The Legal Position of Employees’ in Cross-Border Transfers of Undertakings in the EU: A Question of Jurisdiction and Choice of Law' (2006) 22 International Journal of Comparative Labour Law and Industrial Relations pp. 385-406.