THE EMPLOYEE’S RIGHT TO OBJECT TO THE TRANSFER OF EMPLOYMENT CONTRACTS: BETWEEN EMPLOYMENT PROTECTION AND PRIVATE AUTONOMY
THE EMPLOYEE’S RIGHT TO OBJECT TO THE TRANSFER OF EMPLOYMENT CONTRACTS: BETWEEN EMPLOYMENT PROTECTION AND PRIVATE AUTONOMY

Summary/Abstract: This paper examines the employee’s right to object to the transfer of employment contracts in the event of a change of employer, in the light of Directive 2001/23/EC and the case law of the Court of Justice of the European Union, with reference to the solutions adopted in the Member States of the European Union and in the law of the Republic of Serbia. Particular attention is devoted to the Katsikas judgment, which recognised the possibility of objecting to the transfer, while leaving the legal consequences of exercising this right to national legal systems. Through a comparative analysis, the paper highlights the diverse approaches adopted by EU Member States, as well as the ambiguities present in Serbian law. It is concluded that the right to object represents an important instrument for the protection of the employee’s private autonomy; however, its significance depends on the legal consequences of its exercise, which should not result in the loss of employment.

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