The legitimacy of Worker Transfer Decisions within the Framework of Corporate Groups
Dr. Faraj Suleiman Hammouda
Assistant Professor of Private Law
College of Law – University of Tripoli – Libya
Transferring workers within the framework of corporate groups is a recent phenomenon that has been addressed by the French jurisprudence and judiciary. This phenomenon happens when a company transfers one or some of its workers to another company that belongs to the same corporate group. In this context, workers are often subject to transfer from one company to another for many reasons, which are based in essence on the nature of the group’s economic unity, such as amending any shortfalls, attracting foreign workers from a subsidiary company abroad, or disposing of the worker.
The importance of this study lies in the fact that it transcends the prevailing legislative texts in the field of transferring workers that are concerned with internal transfers within the framework of the same work facility, to focus on modern jurisprudence and judicial jurisprudence accompanying external transfers that take place in the framework of groups of national and transnational companies.
This study addresses the most prominent problems that arise from transfers within the framework of the corporate group, some of which are; the extent of their legitimacy, the conditions required for their implementation, and the implications they have on the rights of the transferred worker. These problems are addressed under the guidance of the solutions established by the French jurisprudence and judiciary, which constitute the objective scope of this study. The study relies on a descriptive analytical approach, through which it concludes with a set of proposals, the most prominent of which is supporting the labor law with provisions that regulate transfers within the framework of companies belonging to the same corporate group. These regulations must protect transferred workers and, at the same time, achieve the flexibility needed in managing the companies’ economic project.
Keywords: workers’ rights, workers’ management, regulating workers’ transfer, employee disposal, work facility.