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-  2018 

Transfer of an economic unit in Portugal: New regulation

DOI: 10.1177/2031952518817565

Keywords: Transfer of an economic unit,TUPE,Portugal,new regulation,right to oppose the transfer,content of the transfer contract,joint and several liability.

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Abstract:

On March 20 2018, the Portuguese regime on the transfer of an economic unit was reformed significantly (Law no. 14/2018). This paper addresses some questions arising from (i) the right to oppose the transfer of the contract position of the employer, (ii) the obligation to disclose the content of the transfer contract, (iii) the extension of the joint and several liability of the transferor, and (iv) the maintenance of the working conditions after the transfer. These amendments could recall the duty of the legislator to refrain from intervening in specific cases without taking the full picture into consideration

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