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The present study intends to highlight critical or just unclear aspects of the directives of the Union, of the implementing national law and of the jurisprudence of the Court of Justice of the European Union concerning the protection of the rights of the employees in the case of transfer of undertakings, businesses or part of businesses. It is about the Directive 187/77 of the Council, the Directive 50/98 of the Council, which has amended the first, and the Directive 23/2001 of the Council, which is in force at the time being, the two former being repealed by it; these directives were implemented in Romania by the Law 67/2006 and the Labour Code (the Law 53/2003). The transfer of undertaking consists not only in the purchase or the lease of the business, or the merger of businesses, but also in the taking over, by a new provider of goods or services, of all or of the majority of the employees of the former provider of a client, if those employees constituted and continue to constitute a unitary group from an organizational and functional point of view, continue to carry on the same activity for the client, possibly in the same place and, if they are indispensable for the activity, with the same material means. The protection afforded to the employees consists in the automatic transfer of their contracts or of the content of these to the new employer, that is the acquirer of the undertaking whatever the form of the acquisition may be, as we saw above. The conclusions contain proposals de lege ferenda concerning both the directive in force and the implementing national law. So, regarding the directive we appreciate as being necessary the renaming of the transfer of undertaking in transfer of activity, the partial renaming of the cases of transfer and the suppression of some of the actual cases, the express defining of the protection as being only the transfer of the rights and obligations from the labour contracts or relationships or at least the renouncement to the automatic character of the transfer of the contracts, the suppression of the provisions mentioned as superfluous. Regarding the national law, we consider necessary to keep only one of the two normative acts mentioned, to eliminate the non-compliances shown with the directive, where they exist, and to include in the civil law provisions related to the sale and the lease of the activity for all the types of legal persons, professional or non-professional. [ABSTRACT FROM AUTHOR]

The evolution of modern society, the economic changes, and the acceleration of the formation of new companies have required, among other things, the adoption of rules to protect employees in the event of transfer of companies. In its case-law, the European Court of Justice has clarified the objectives related to whom the Member States must respond in order to give adequate protection to workers' rights. The transfer may not affect the principle of legal certainty, social employment relations or the workers' rights provided for in the applicable individual employment contract and collective bargaining agreement. The transfer itself cannot constitute a reason for individual or collective dismissal, as shown in several European and national court rulings. [ABSTRACT FROM AUTHOR]

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Copyright of Revista Româna de Dreptul Muncii is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Optimistic employees often show positive outcomes, such as happiness, job satisfaction and commitment. While entrepreneurs generally are considered to be optimists, the concept of whether entrepreneurs can transfer their optimism to their employees in order to improve the state optimism of their employee has not been studied. The concept of state optimism, entrepreneur expressivity and relationship quality are discuss in relation to this study. Hypotheses were developed based on the suggested impact aspects of entrepreneur expressivity and relationship quality would affect the transfer of optimism from the entrepreneur to their employees. Our research intends to fill such a research gap by studying employees at 328 SMEs. We find that entrepreneur's optimism is indeed contagious and does improve employee state optimism. We discuss the implications of our findings, and make suggestions for future research. [ABSTRACT FROM AUTHOR]

The transfer of undertakings, businesses or parts of undertakings or businesses by legal transfer or merger determine important changes in the structure of the participant entities. The change of their juridical organisation has significant consequences on the employees' rights, reason why, both nationally and internationally, normative acts that would regulate appropriate safeguarding mechanisms have been adopted. The paper aims to analyse the transposition into national law of the communitarian norms in the field. As a result, the legal aspects with regards to which the legislator chose a restrictive transposition, as well as the additional rights established by them in favour of the employees, in comparison to the directive are identified. At the same time, the study emphasizes the aspects with regards to which the Romanian law requires to be changed and therefore makes some proposals de lege ferenda, so that the transposition of the communitarian normative act into national law would be a precise one and consistent to the other dispositions regarding national law. [ABSTRACT FROM AUTHOR]

This article provides an incentive-based explanation for the practice of job rotation. When agents privately learn about the productivity of tasks on which they work, job rotation can be an efficient means of eliciting their information. Each agent freely communicates his information since the switch in tasks guarantees his report will not subsequently be used against him; the report is used primarily in evaluating the new agent who moves into the task. Another benefit is that an agent rotated into a job holds less task-specific information and is thus easier to motivate. Job rotation also comes with a cost-agents must be compensated for the disutility of working on new tasks. We study this trade-off and identify conditions under which job rotation and specialization are each optimal. [ABSTRACT FROM AUTHOR]

As organizations face increased competitive pressures and technological changes, their attention is focusing on how to attain strategic benefits from information technology investments, including investments in people. From a human resources perspective, one debate centers on how to attract and retain information technology (IT) professionals. Somewhat paradoxically, it is suggested that to retain IT professionals, organizations must provide both technical and business oriented career opportunities. This paper presents a case study of one organization, The Mutual Group, in which more than 70 IT professionals permanently moved into non-IT, business unit jobs during the 1980s and early 1990s. Using interviews and surveys of 51 former IT professionals, this research investigated the characteristics of the individual, the organization, the first non-IT job, and the transition period. The conclusion from the findings is that IT professionals who moved to non-IT jobs in the line made the transition without the benefit of deliberate preparation, formal transition programs, or safety nets to reduce the risk. Some conditions existed at The Mutual Group that may have assisted them, including good relations between IT and the line, friends and mentors in line units, and a willingness to take risks in pursuit of new challenges. One contribution of this paper is that it begins to fill a gap in the career mobility literature, based on individuals and their stories of change. It also attempts to understand the role of context in one organization that is a recognized leader in the use of IT for competitive advantage. [ABSTRACT FROM AUTHOR]

Many complex organizations, such as planned Soviet enterprises and the U.S. military, routinely transfer employees between jobs. Since this sacrifices job-specific human capital, the practice is puzzling. This article shows that regular job transfers may be part of an optimal incentive scheme in organizations plagued by the ratchet effect. The ratchet effect arises when an employer is uncertain as to the productivity of the various positions or jobs within an organization. Workers in highly productive jobs then have an incentive to disguise the productivity of their jobs by expending low effort and producing low output. This avoids having the employer construct more demanding remuneration schemes once the high productivity of a job becomes known. Job transfers break the link between current performance and future incentive schemes, and hence remove the incentive-stifling implications of the ratchet effect. This article examines the tradeoff between providing more effective incentives via job transfers and the accompanying sacrifice of job-specific human capital, establishes conditions under which job transfers are optimal, and develops comparative static results. [ABSTRACT FROM AUTHOR]

Career jobs typically end well before retirement and are followed by a period of postcareer employment. Although the most financially successful transitions occur when new positions are obtained in the same industry and occupation as the career job, mobility usually involves a change in industry and/or in occupation. Pension-covered career jobs last longer and more frequently end in retirement than noncovered positions. Pensions may also reduce the probability that retirements occur at very young ages and delay retirements when coverage is first obtained in postcareer employment. [ABSTRACT FROM AUTHOR]

Using longitudinal data, we study the processes of job mobility and wage growth among young men. During the first ten years in the labor market, a typical worker will hold seven jobs, about two thirds of his career total. The evolution of wages plays a key role in this transition to stable employment: wage gains at job changes account for at least a third of early-career wage growth, and the wage is the key determinant of job changing decisions among young workers. Job changing is a critical component of workers' movement toward the stable employment relations of mature careers. The wastefulness of this "try and try again" process of advancing to a better position is self-evident. The worker does not know in detail the nature of the job which he is obtaining nor does he know his own capacities. Nevertheless it is the principal method by which workers at the present time improve their condition on their own initiative. [ABSTRACT FROM AUTHOR]

The article focuses on the correlation between employee transfer and employee turnover. Employee relocation and transfer commonly underscore positive aspects including organizational flexibility and employee development. It has been suggested that turnover is not invariably dysfunctional to the organization. It has been reported that 40-50 percent of employee turnover involves the departure of persons whose leaving is in the interests of the organization. Unlike turnover, transfer does not have this benefit. In iterative transfer situations, only the first quit could benefit the organization. For the balance of transfer iterations, involved persons do not leave the organization. An employee transferred from one location to another in the same organization would clearly not be considered a separation. However, at the local level, this transfer is not easily distinguished from turnover. It is certainly possible that the transfer of some individuals who are poor contributors may greatly benefit the local group or unit level. But there are no data to confirm the transfers as local turnover.