Dreptul de refuz al salariatului în contextul transferului de întreprindere

Ioana DUMITRU

Managing Associate la SCA Popovici Niţu & Asociaţii

Laura ILAŞ

Avocat titular la CI Laura Ilaş, Baroul Bacău

ABSTRACT

The issue concerning the existence of a right of employees to refuse the transfer of employment contracts in the context of the transfer of undertakings is a recurrent topic in mergers and acquisitions, with a major practical relevance. Yet, the issue does not have a legislative solution in Romanian law, being incidentally dealt with by doctrine and jurisprudence.

The differences in approaching this issue in the practice of courts and the lack of legislative landmarks generate uncertainty with regard to the legal treatment applicable to the operations concerning the transfer of undertakings, the parties involved in such transactions inevitably ending by assuming legal risks and, obviously, financial risks) in making decisions of a commercial nature.

The companies involved in the transfer...