- Phase
- Labor Act 93/2014, 127/17, 98/19, 151/22, 64/23
- Native name
- Zakon o radu 93/2014, 127/17, 98/19, 151/22, 64/23
- Type
- Staff information and consultation on business transfers
- Added to database
- 08 May 2015
Article
Article 137 (6, 7, 9)
Description
If there is a statutory business transfer, a new employer takes over all employees and their employment contracts, including all rights and obligations associated with these contracts with the previous employer. Previous employers are obliged to inform employees, the works council and the new employer of all employees’ employment contracts which the new employer will take over in writing before the day of the statutory business transfer.
The notice shall contain data on:
- the date of transfer;
- reasons for transferring employment contracts;
- the impact of the transfer on legal, business and social conditions of employees;
- support measures for employees whose employment contracts are transferred.
The measures may concern training, upskilling, requalification and/or other specific measures for employees with special needs. If the business transfer is done within a bankruptcy process or business rehabilitation, employees' rights transferred to the new employer can be reduced in accordance with special regulations, collective agreements or agreements between the works council and the employer. Reducing employees' rights only applies in special cases, that is in the event of bankruptcy and liquidation of the business activity.
Article 137, paragraph 13 of the Labor Act (OG, 93/14, 127/17 and 98/19) stipulates that if a company, a part of a company, an economic activity or a part of an economic activity is transferred to a new employer, the new employer jointly and severally with the employer who transfers the company, part of the company, performance of economic activity or part of economic activity (hereinafter, the old employer), is responsible for the obligations towards the workers incurred up to the date of transfer. Furthermore, the employer should keep the documentation about the workers that he has collected for the duration of the worker's employment contract with him in accordance with a special regulation. A special regulation, namely the Act on Archival Materials and Archives (OG 61/18 and 98/19) applies to the handling of documentation.
Bearing in mind the above, the Ministry of Labor, Pension System, Family and Social Policy issued the opinion that joint and several liability also existed in relation to the handling of documentation collected by the old employer up to the time of takeover, and it refers to the personal data of workers whose employment contracts were transferred to the new employer.
Citation
Eurofound (2015), Croatia: Staff information and consultation on business transfers, Restructuring legislation database, Dublin,
https://apps.eurofound.europa.eu/legislationdb/staff-information-and-consultation-on-business-transfers/croatia