Question from Options, What are the legal requirements for a Transfer of Undertakings Protection of Employment rights process in Greece?
Answer from AI:
The Transfer of Undertakings Protection of Employment (TUPE) regulations are designed to protect employees’ rights when the organization or service they work for is transferred to a new employer. In Greece, these regulations are governed by the European Union’s Acquired Rights Directive (ARD), which has been transposed into Greek law.
Key Legal Requirements
The following are the key legal requirements for a TUPE process to apply in Greece:
- Transfer of a Business or Part of a Business: The regulations apply when there is a transfer of a business, or part of a business, that maintains its identity after the transfer. This could include the sale of a business, outsourcing, insourcing, or a change of service provider.
- Automatic Transfer of Employment: All rights of the employees are automatically transferred to the new employer. This includes their terms and conditions of employment, and any liabilities associated with them.
- Protection Against Dismissal: Employees are protected against dismissal in connection with the transfer. Any dismissals are considered unfair unless they are for an economic, technical, or organizational reason that entails changes in the workforce.
- Consultation and Information: Employers are required to inform and consult with recognized trade unions or employee representatives before the transfer takes place.
When Legal Advice Might Be Necessary
Legal advice might be necessary when determining whether a particular transaction constitutes a transfer under the ARD, when dealing with complex issues related to employees’ rights, or when handling dismissals or changes to terms and conditions of employment. It is recommended that individuals consult with a legal professional for personalized advice.
Relevant Laws and Regulations
The key laws and regulations governing TUPE in Greece are the European Union’s Acquired Rights Directive (Directive 2001/23/EC) and the Greek law transposing this directive into national law.
For more information, you can refer to the text of the Acquired Rights Directive and consult with a legal professional familiar with Greek employment law.
Please note that this information is intended to provide a general overview and may not cover all aspects of TUPE regulations in Greece. Always consult with a legal professional for advice tailored to your specific circumstances.