Law no. 14/2018, of 19 March, which have entered into force on 20 March 2018, proceeds to the thirteenth amendment to the Labour Code, Law no. 7/2009, of 12 December, amending the legal regime applicable to the transfer of a company or an establishment and strengthening the employees’ rights.
The main changes are as follows:
- Implementation of contractual rights previously acquired and maintained after the transfer;
- Implementation of the concept of "economic unit" as a set of organizational means which establishes a productive unit endowed with technical-organizational autonomy, maintaining its own identity;
- Obligation of communication to the Labour Conditions Authority, for medium and large companies;
- Extension of two years for the period during which the transferor is jointly and severally liable for the claims of the employee;
- Possibility of involvement of the Directorate General for Labour and Work Relations, at the request of the company or the employees;
- Implementation of the seven-day deadline to perform the transfer, after the end of the deadline for the appointment of the representative commission (if it has not been established), or of the meetings phase of the representatives or the agreement;
- Amendments on the information duties;
- Implementation of the right of opposition by the employee when there is serious damage or if the organization policy of the new company does not provide sufficient confidence;
- Right to terminate the contract with just cause or maintaining the bond with the transferor.