In 2008, kls` activities were transferred to another company. While the workers wished to invoke the dynamic clause, the transferee argued that it was not required to apply conditions arising from amendments to the collective agreement after the date of transfer. The buyer relied on the earlier judgments of the ECJ Werhof  IRLR 400 and Alemo-Herron  IRLR 744. The next ECJ case, Alemo-Herron, was that employees working for a local authority had employment contracts that indicated that their terms were in line with collective agreements negotiated from time to time by the National Joint Council of Municipal Services. During a transfer of TUPE, the staff employed by the local authority was transferred to a private company that did not participate in collective bargaining. The ECJ ruled that the terms of the collective agreements negotiated after the date of the transfer are not applicable to the buyer who had not had the opportunity to participate in the negotiations. The ECJ considered that the interests of the transferred workers had to be weighed against the interests of the worker and concluded that a dynamic interpretation would push the balance in favour of the workers too far. Dynamic application is contrary to the worker`s fundamental right to freedom of enterprise, as he does not have sufficient contractual freedom (since he does not have the possibility of being involved in collective bargaining). In the most recent case, the Advocate General of the ECJ delivered an opinion following the arguments in the Werhof and Alemo-Herron cases.
ARD, although it leaves the fact that the terms of a collective agreement are transferred to the purchaser, but it relies on the terms of the contract in force at the time of the transfer. In this way, EU legislation strikes a balance between the competing interests of workers who have agreed on certain conditions with the contemptuous and contemptuous who have the legitimate right to know the extent of their obligations and are not bound by future collective bargaining in which they will not participate or will not be able to participate. kinship; On. The relationship between two persons or their situation in relation to one or the other, linked either by law, agreement or kinship in a social status or association for the purposes of domestic life, such as parents and children or husband and wife. The terms of your agreement should be easy to understand. You may also be asked to comply with other terms and conditions. Take the time to carefully read the caravan sales agreement, parking license, parking rules and rules, and all other agreements, such as.B. a credit agreement. Ask for time to read all this and won`t let yourself be rushed to make a decision.. . .