What constitutes the transfer of an undertaking – and when it happens, who is entitled to what?

The answer to that question is detailed in the Danish Act on Transfers of Undertakings, which provides for the protection of employees in relation to transfers of undertakings. Its regulations apply in connection with transfer of undertakings, parts of undertakings, or when a business undergoes tenders, changes suppliers or transfers activities under bankruptcy.

And it is exactly in those situations that the management of employees’ rights and obligations give rise to challenges.

In a new and revised edition of the book “Ansættelsesretlige aspekter af virksomhedsoverdragelser,” (English translation: Aspects of Employment Law in connection with Transfers of Undertakings) author and lawyer Mette Klingsten provides an analysis of Danish employment law, covering crucial topics such as mergers and acquisitions, which often affect employee agreements. Throughout the book, Mette provides practical guidance based on her many years of specialised experience.

The first edition of the book was published in 2002. It is now updated to reflect changes in the law, and to benefit from years of extensive legal practice.

The starting point of the book is primarily the Act on Employees of Undertakings and EU Directive 23/01/EC. The rules of the directive and the Danish act are mandatory, and applies for example in a large proportion of the many mergers and acquisitions that take place every year.

The law has also given rise to a very large number of cases heard in the Danish courts as well as the European Court of Justice; those verdicts are essential to understand in order to clearly interpret the law. Thus, the book includes analysis of an extensive number of critical Danish decisions from the ordinary courts, as well industrial- and professional arbitration, and decisions from the EU and EFTA courts.

Among the groups of subjects addressed in the book,

• The demarcation of the transfers covered by law
• The effects and consequences of termination of employees in breach of the law
• Collective bargaining agreements in business transfers
• Tendering and outsourcing
• Handling of pensions and benefits for business transfers
• Requirements in regard to information and consultation

About the author: Mette Klingsten is a lawyer and Supreme Court attorney specialising in labour and employment law. She is the author of several books on employment law, covering topics such as mass dismissals and personnel policies.

The book is available from the Publisher (DJØF) in May 2016. The book is in Danish, but extracts of relevant parts of the book can be prepared on demand.