Scattolon v Ministero dell’Istruzione, dell’Università e della Ricerca – WLR Daily

Posted October 10th, 2011 in EC law, law reports, remuneration, transfer of undertakings by sally

Scattolon v Ministero dell’Istruzione, dell’Università e della Ricerca (Case C-108/10); [2011] WLR (D) 284

“The takeover, within the same member state, by one public authority of staff employed by another public authority entrusted with the supply to schools of auxiliary maintenance and administrative assistance constituted a transfer of an undertaking within the meaning of article 1(1) of Council Directive 77/187/EEC of 14 February 1977 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 businesses (OJ 1977 L 61, p 26). Where such a transfer led to the immediate application to the transferred workers of the collective agreement in force with the transferee, and where the conditions for remuneration were linked in particular to length of service, article 3 of the Directive precluded the transferred workers from suffering, in comparison with their situation immediately before the transfer, a substantial loss of salary by reason of the fact that their length of service with the transferor (equivalent to that completed by workers in the service of the transferee) was not taken into account when determining their starting salary position with the latter.”

WLR Daily, 6th September 2011