Dear Reader,

Welcome to the May 2025 edition of the ILLN Newsletter. In this issue we write about the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) in selected European countries.

The Transfer of Undertakings (Protection of Employment) Regulations, commonly known as TUPE, is a legal framework designed to safeguard employees when a business or part of a business is transferred to a new employer. Understanding the role of TUPE in the transfer of employees in Europe is essential for both employers and employees in order to deal with the complex issues involved in corporate restructuring while complying with applicable laws.

Hopefully, no one doubts that when a workplace is transferred from one employer to another, it is important to protect the rights of employees. The EU has taken steps to ensure that this happens. The Directive regulating this issue (2001/23/EC) emphasizes that the transfer of an undertaking does not constitute valid grounds for dismissals. However, they may occur for economic, technical or organizational reasons or in relation to certain categories of employees not covered by the provisions on protection against dismissal.

Moreover, other European countries generally follows similar principles. However, as noted in the ILLN newsletter of May 2025, the legal situation in individual European countries varies slightly in detail. Therefore, it is worth knowing about this.

In the case of TUPE, the rights and obligations arising from the employment contract or employment relationship are transferred from the previous employer to the new one. But can the state decide that both of them will be liable for all obligations that arose before the date of transfer? Collective agreements remain in force until they expire, are terminated or replaced. However, the period of their observance may be limited, provided that it is not shorter than one year.

Below you will find basic information on the practical implementation of the TUPE concept in the most important European jurisdictions. The information contained in the current ILLN newsletter of May 2025 is largely the result of the ILLN Associates weekend meeting held on May 9-10, 2025, in Milan, Italy.

We hope you enjoy reading it.