Unionen v Almega Tjänsteförbunden ISS Facility Services AB  CJEU C-336/15 (AG's Opinion)Posted In: Case Law
Legal BodyCourt of Justice EU (CJEU/ECJ)
Type of Claim / JurisdictionTransfer of Undertaking (TUPE)
In Unionen v Almega Tjänsteförbunden ISS Facility Services AB (Case C-336/15), the question was whether article 3(1) of the Acquired Rights Directive obliged a transferee to take into account service with a transferor when calculating notice periods for termination of employment, or whether such notice periods were only to be calculated by the reference to employment completed with the transferee.
The position was nuanced by the fact that Swedish law (taking advantage of a discretion afforded by article 3(3) of the ARD) only obliges transferees to comply with collective agreements binding transferors for one year from the date of the transfer.
In the present case, the employees were given
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