ABSTRACT
One of the essential elements of the social action programme concerns the increasing participation of the social partners in the economic and social decisions of the Community and of employees in the life of the undertakings. This chapter examines the manner in which worker participation is envisaged in draft Community regulations and Directives on the reform of company statute. The transferor's rights and obligations arising from a contract of employment or from an employment relationship existing on the date of a transfer shall, by reason of such transfer, be transferred to the transferee. The protection of acquired rights of workers which is the purpose of the Directive could be evaded if the transferor or the transferee were to dismiss workers on the grounds of the transfer of the establishment. The Directive applies to employees' claims arising from contracts of employment or employment relationships and existing claims against employers who are in a state of insolvency.
