Transfer of undertaking may happen in unexpected cases

In her article, Natasa Randlova summarizes the judgement of the Supreme Court of the Czech Republic saying that there is a transfer of an undertaking not only in cases where the employer’s undertaking, or part of it, is transferred to another employer based on an agreement or other legal reason but also where a company ceases to trade and another company owned by the same people starts to perform the same activities in the same premises, for the same clients but without any agreement on the transfer of the business itself, but where equipment has been contractually transferred between the two companies.

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