Also, a transferee could end up in a situation where he is obliged to take over an employee, for example an HR Director, whereas the transferee already has an HR Director and has no need nor funds for another one | This can create the situation where "transferring" employee may be on enhanced terms compared with an employee already employed by the new company |
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Also, the Tapere case ruled on the interpretation of mobility clauses, and where a relevant transfer involves a substantial change in working conditions which is to the employee's material detriment, held that "detriment" should be considered using the subjective approach which applies in discrimination law | The directive and regulations apply to other forms of transfer, through the sale of physical assets and leases |
In certain sectors, particularly advertising, there was strong support for the idea of introducing an exemption | For the district in Yauyos Province, Peru, see |
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This means an unfair dismissal claim can be brought against either party |
An employee might not want to transfer to the new employer.