Cross-border staff transfers – Commission launches consultation with social partners

(B2) The European Commission had promised to relaunch the social dialogue. Thing promised thing due. After musculoskeletal disorders, carcinogenic products and family leave, the European Commission launched, on June 20, a consultation of the social partners on cross-border business transfers.

"The fact that Directive 2001/23 does not explicitly address the issue of cross-border transfers (involving a change of place of work), although it does apply to transfers of undertakings 'within the scope territorial scope of the Treaty, risks creating legal uncertainty for employers and workers", explains the Commission. She "raises some important questions, which cannot be answered either in the Directive or in the existing instruments of private international law".

According to data from the European Observatory of Restructuring, the "Dublin" Foundation, the number of outsourcing or relocation operations (outside the country's borders) has increased steadily, from 10 at the beginning of data collection in 2001 to 109 in 2005.

The Commission therefore considers it useful "to explore the possibility of modifying the directive" and poses five questions to the social partners:

1) Do the social partners agree with the (Commission's) analysis on cross-border transfers?

2) Is it necessary or desirable to amend Directive 2001/23/EC in order to deal with the question of cross-border transfers involving a change of place of work?

3) Is Community action of another kind necessary or desirable in this area?

4) Should the collective and individual aspects of the employment relationship be treated separately?

5) Should cross-border transfers involving a move of the workplace outside the EEA be subject to specific treatment?

(NGV)