CELEX: 62015CA0336
Language: en
Date: 2017-04-06 00:00:00
Title: Case C-336/15: Judgment of the Court (Tenth Chamber) of 6 April 2017 (request for a preliminary ruling from the Arbetsdomstolen — Sweden) — Unionen v Almega Tjänsteförbunden, ISS Facility Services AB (Reference for a preliminary ruling — Social policy — Directive 2001/23/EC — Article 3 — Safeguarding of employees’ rights in the event of transfers of undertakings — Collective agreements applicable to the transferee and the transferor — Additional periods of notice granted to dismissed workers — Account to be taken of the length of service with the transferor)

29.5.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 168/7
            
         Judgment of the Court (Tenth Chamber) of 6 April 2017 (request for a preliminary ruling from the Arbetsdomstolen — Sweden) — Unionen v Almega Tjänsteförbunden, ISS Facility Services AB
   (Case C-336/15) (1)
   
   ((Reference for a preliminary ruling - Social policy - Directive 2001/23/EC - Article 3 - Safeguarding of employees’ rights in the event of transfers of undertakings - Collective agreements applicable to the transferee and the transferor - Additional periods of notice granted to dismissed workers - Account to be taken of the length of service with the transferor))
   (2017/C 168/07)
   Language of the case: Swedish
   
      Referring court
   
   Arbetsdomstolen
   
      Parties to the main proceedings
   
   
      Applicant: Unionen
   
      Defendants: Almega Tjänsteförbunden,
   ISS Facility Services AB,
   
      Operative part of the judgment
   
   Article 3 of Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses must be interpreted as meaning that, in circumstances such as those in the case in the main proceedings, the transferee must, when dismissing an employee more than one year after the transfer of the undertaking, include, in the calculation of that employee’s length of service, which is relevant for determining the period of notice to which that employee is entitled, the length of service which that employee acquired with the transferor.
   
      (1)  OJ C 311, 21.9.2015.