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Spijkers V Gebroeders Benedik Abattoir CV
''Spijkers v Gebroeders Benedik Abattoir CV'' (1986) C-24/85 is a Dutch and EU labour law case concerning transfers of undertakings, and the job security rights of employees. Facts Mr Spijkers worked for a slaughterhouse owned by Colaris in Ubach over Worms. They transferred the business to Benedik in December, and only he and another were not retained. Operations ceased in December 1982, and Colaris was insolvent by March 1983. Good will and customers had already disappeared. Attorney General Slynn gave an opinion before the court decision. He said the ‘essential question is whether the transferee is put in a position, as a result of a legal transfer, whereby he can carry on the undertaking or business or part thereof.’ Judgment The European Court of Justice held that the "decisive question… is whether the entity in question retains its identity". This means a whole range of factors, including customers, Goodwill (accounting), goodwill, buildings, tangible assets and empl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Transfer Of Undertakings
The Transfers of Undertakings Directive''2001/23/ECis a European Union law that protects the contracts of employment of people working in businesses that are transferred between owners. It replaced and updated the law previously known as the Acquired Rights Directive 77/187/EC. Overview The Directive stipulates that any employee's contract of employment will be transferred automatically on the same terms as before in the event of a transfer of the undertaking. This means that if an employer changes control of the business, the new employer cannot reduce the employees' terms and conditions, unless the Directive's exception criteria are met. This is that there must be a good economic, technical or organisational reason for the change. ;Chapter I – Scope and definitions Employment rights and work organisation > Summary of Directive 2001/23/EC">Summaries of EU legislation > Employment and social policy > Employment rights and work organisation > Summary of Directive 2001/23/EC/ref> A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
EU Labour Law
European labour law regulates basic transnational standards of employment and partnership at work in the European Union and countries adhering to the European Convention on Human Rights. In setting regulatory floors to competition for job-creating investment within the Union, and in promoting a degree of employee consultation in the workplace, European labour law is viewed as a pillar of the "European social model". Despite wide variation in employment protection and related welfare provision between member states, a contrast is typically drawn with conditions in the United States. The European Union, under the Treaty on the Functioning of the European Union, article 153(1) is able to use the ordinary legislation procedure on a list of labour law fields. This notably excludes wage regulation and collective bargaining. Four main fields of EU regulation of labour rights include (1) individual labour rights, (2) anti-discrimination regulations, (3) rights to information, consultatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Transfers Of Undertakings
The Transfers of Undertakings Directive''2001/23/ECis a European Union law that protects the contracts of employment of people working in businesses that are transferred between owners. It replaced and updated the law previously known as the Acquired Rights Directive 77/187/EC. Overview The Directive stipulates that any employee's contract of employment will be transferred automatically on the same terms as before in the event of a transfer of the undertaking. This means that if an employer changes control of the business, the new employer cannot reduce the employees' terms and conditions, unless the Directive's exception criteria are met. This is that there must be a good economic, technical or organisational reason for the change. ;Chapter I – Scope and definitions Employment rights and work organisation > Summary of Directive 2001/23/EC">Summaries of EU legislation > Employment and social policy > Employment rights and work organisation > Summary of Directive 2001/23/EC/ref> A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Job Security
Job security is the probability that an individual will keep their job; a job with a high level of security is such that a person with the job would have a small chance of losing it. Many factors threaten job security: globalization, outsourcing, downsizing, recession, and new technology, to name a few. Basic economic theory holds that during periods of economic expansion businesses experience increased demand, which in turn necessitates investment in more capital or labor. When businesses are experiencing growth, job confidence and security typically increase. The opposite often holds true during a recession: businesses experience reduced demand and look to downsize their workforces in the short term. Governments and individuals are both motivated to achieve higher levels of job security. Governments attempt to do this by passing laws (such as the U.S. Civil Rights Act of 1964) which make it illegal to fire employees for certain reasons. Individuals can influence their degree o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ubach Over Worms
Ubach over Worms () is a former Municipalities of the Netherlands, municipality located in the southeast of the Netherlands, in the Provinces of the Netherlands, province of Limburg (Netherlands), Limburg. In 1982 it was incorporated into the new municipality of Landgraaf along with Schaesberg and Nieuwenhagen. The German name for this part of Landgraaf is "Waubach". It is believed the latter name derives from ''Waldbach'', which is German language, German for "woodland creek", referring to the local Wurm, Worm stream. This name is said to have later become corrupted to Waubach. Ubach over Worms as a municipality dates back to 1795. It contained the five hamlets; Groenstraat, Rimburg, Waubach, Lauradorp and Abdissenbosch. After the French occupation the Kingdom of the Netherlands was formed and the Overworms area was separated from the German town Übach. They then chose the name Ubach over Worms, which means Ubach over Worms River, as seen from the German Übach-Palenberg, Übach. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Court Of Justice
The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting EU law and ensuring its uniform application across all EU member states under Article 263 of the Treaty of the Functioning of the European Union (TFEU). The Court was established in 1952, and is based in Luxembourg. It is composed of one judge per member state – currently – although it normally hears cases in panels of three, five or fifteen judges. The Court has been led by president Koen Lenaerts since 2015. The ECJ is the highest court of the European Union in matters of Union law, but not national law. It is not possible to appeal against the decisions of national courts in the ECJ, but rather national courts refer questions of EU law to the ECJ. However, it is ultimately for the national court ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Goodwill (accounting)
In accounting, goodwill is an intangible asset recognized when ownership of a firm is transferred as a going concern. It represents the value of a firm's intrinsic ability to retain customer business, where that value is not otherwise attributable to brand name recognition, contractual arrangements or other specific factors. Goodwill is recognized only through an acquisition; it cannot be self-created. It is the excess of the "purchase consideration" (the money paid to purchase the asset or business) over the net value of the assets minus liabilities. It is classified as an intangible asset on the balance sheet, since it can neither be seen nor touched. Under US GAAP and IFRS, goodwill is never amortized, because it is considered to have an indefinite useful life. (Though private companies in the United States may elect to amortize goodwill over a period of ten years or less under an accounting alternative from the Private Company Council of the FASB.) Instead, management is respon ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1986 In The European Economic Community
The year 1986 was designated as the International Year of Peace by the United Nations. Events January * January 1 ** Aruba gains increased autonomy from the Netherlands by separating from the Netherlands Antilles. **Spain and Portugal enter the European Community, which becomes the European Union in 1993. *January 11 – The Gateway Bridge in Brisbane, Australia, at this time the world's longest prestressed concrete free-cantilever bridge, is opened. * January 13– 24 – South Yemen Civil War. * January 20 – The United Kingdom and France announce plans to construct the Channel Tunnel. *January 24 – The Voyager 2 space probe makes its first encounter with Uranus. * January 25 – Yoweri Museveni's National Resistance Army Rebel group takes over Uganda after leading a five-year guerrilla war in which up to half a million people are believed to have been killed. They will later use January 26 as the official date to avoid a coincidence of dates with Dictator Idi Amin's ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1986 In West Germany
The year 1986 was designated as the International Year of Peace by the United Nations. Events January * January 1 **Aruba gains increased autonomy from the Netherlands by separating from the Netherlands Antilles. **Spain and Portugal enter the European Community, which becomes the European Union in 1993. *January 11 – The Sir Leo Hielscher Bridges, Gateway Bridge in Brisbane, Australia, at this time the world's longest prestressed concrete free-cantilever bridge, is opened. *January 13–January 24, 24 – South Yemen Civil War. *January 20 – The United Kingdom and France announce plans to construct the Channel Tunnel. *January 24 – The Voyager 2 space probe makes its first encounter with Uranus. *January 25 – Yoweri Museveni's National Resistance Army Rebel group takes over Uganda after leading a five-year guerrilla war in which up to half a million people are believed to have been killed. They will later use January 26 as the official date to avoid a coincidence of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1986 In Case Law
The year 1986 was designated as the International Year of Peace by the United Nations. Events January * January 1 **Aruba gains increased autonomy from the Netherlands by separating from the Netherlands Antilles. **Spain and Portugal enter the European Community, which becomes the European Union in 1993. *January 11 – The Gateway Bridge in Brisbane, Australia, at this time the world's longest prestressed concrete free-cantilever bridge, is opened. *January 13– 24 – South Yemen Civil War. *January 20 – The United Kingdom and France announce plans to construct the Channel Tunnel. *January 24 – The Voyager 2 space probe makes its first encounter with Uranus. *January 25 – Yoweri Museveni's National Resistance Army Rebel group takes over Uganda after leading a five-year guerrilla war in which up to half a million people are believed to have been killed. They will later use January 26 as the official date to avoid a coincidence of dates with Dictator Idi Amin's 1971 co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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