Entreprenadövergång : Anställningsskyddets gränser vid övergång av verksamhet

Sammanfattning: Can the concept of "economic entity" be the holy grail that sheds an explanatory light on the bridge provided by the protective purpose of the Council Directive on Transfers of Activities 01/23 (the Directive)? The balance between freedom of enterprise and employment protection? The bridge between industrial and service societies? This thesis argues that an economic entity consists of production factors that enable the continuation of the activity. The examination of whether there is a transfer of an undertaking within the Directive must therefore be based on whether these production factors have been transferred, together or integrated, and form an economic unit. How the economic unit interacts in practice with the criteria for identity for an undertaking is currently not entirely clear. This thesis seeks to demonstrate a possible balance that would provide greater predictability within the Directive's framework for transfers of undertakings in general, but particularly for subcontractors and particularly for service subcontractors. The form of management with respect to service subcontractors must be reassessed. Gone is the foreman of industrial society who directly supervised and controlled workers. In service subcontracts, various forms of self-management or digital management are common - workers often form independent and structured groups, without a direct supervisor. Here, the assessment of whether the staff can form an economic unit has to be done in a novel way, thus determining whether the staff has the right to be transferred in the event of a transfer of a sub contract.