argomento: News del mese - Diritto Internazionale e Comunitario

Articoli Correlati: business transfer - employment contract - guarantee of continuity

On 13 June 2019, in case C-317/18, the E.U. Court of Justice provided clarifications regarding the legality of the termination of the employment contract of a worker of a municipal company due to the transfer of the activities to a municipality for which a national regulation cannot foresee that in case of transfer , and due to the fact that the transferee is a municipality, the workers concerned must, on the one hand, participate in a public competition procedure and, on the other, establish a new contractual relationship with the transferee. The worker must, therefore, benefit from the protection that the European legislation grants, on condition that she is protected as a worker by the legislation and that she benefits from a work contract at the date of the transfer, a circumstance that it is for the referring court to verify.