Κατεύθυνση Εργατικό Δίκαιο
Library of the School of Law

2018-05-09

2018

Chatzidaki Christina

Δημήτριος Τραυλός Τζανετάτος, Ομότιμος Καθηγητής , Τμήμα Νομικής , Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών

Η μετάθεση του εργαζομένου μέσα από τη θεωρία και τη νομολογία

Greek

The transfer of the worker through theory and case law

In this study, the concept, forms, legal nature and ways of achieving the worker's transfer are initially examined.
The study analyzes the possibility of a worker's unilateral transfer from his employer : according to the first supportive view, the employer may transfer the employee under the management right, but there are some limitations that may arise from the individual employment contract, the collective labor agreement or the regulations of employers' businesses.
According to the second supportive view, the unilateral transfer of the worker is generally prohibited, but there are also some exceptions that may arise from the individual employment contract, the collective labor agreement or the regulations of the employers' organizations. In any case, in order for a transfer to be lawful, certain conditions must be met, positive and negative. At this point an extensive reference is made to the ban on the abusive nature of the transfer by mentioning examples from earlier and later case law.
The third section analyzes the consequences of legal and illegal transfer. In the following sections, the downgrading, the promotion of the worker, as well as the transfer of trade unionists and the transfer abroad are considered as specific issues.
The last section analyzes recent court rulings on abusive transfer, downgrading, and failure to promote the employee.

Law and Legislation

Labour Law

transfer of the worker, preconditions , abusive transfer , consequences

No

0

No

106

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https://pergamos.lib.uoa.gr/uoa/dl/object/2672842