Browsing by Subject "Labour law"

This master’s thesis is a study with respect to employee protections in asset acquisitions in the EU and in Australia. This thesis sets out to examine if and how the two jurisdictions provide for employee protections in the event of a transfer of business. The thesis utilises a dual research methodology of comparative law and legal dogmatics. The thesis first sets out the differences of share and asset acquisitions from the operation of law perspective in order to demonstrate the need for statutory intervention in asset acquisitions. The thesis then goes on to lay out the historical developments of social and labour policies that have shaped the current policy considerations regarding the transfer of business provisions in the two jurisdictions. The thesis then examines the current statutory law with respect to the transfer of business provisions in the EU and in Australia. Finland has been used as an example jurisdiction in relation to the national implementation of the EU legislative instrument under examination. The thesis found that whilst both jurisdictions have statutory protections for employees in the event of a transfer of business, the applicability and scope of the protections vary drastically. It was also found that the differences in the operation of the regimes can be explained by the current policy considerations stemming from historical developments with respect to the wider labour law framework.