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When can a simple transfer of personnel between companies actually be considered a transfer of enterprise? Implications and sanctions

When can a simple transfer of personnel between companies actually be considered a transfer of enterprise? Implications and sanctions

Dan Dascalu, Partner D&B David si Baias, Sonia Balanescu, Senior Coordinating Attorney and Cosmina Mieila Collaborating Attorney

Taking over an economic activity that retains its identity after the transfer has become an increasingly common method for building, restructuring or reinventing businesses. In the context of a business transfer, both the assets and the employees necessary for the economic activity in question are usually taken over. But what happens when the only object of the transfer is represented by employees? Can a simple transfer of personnel actually hide a business transfer with major financial implications? The answer is yes, although it is less well known that the rules of business transfer can also be applicable when only the employees are taken over, without other adjacent assets. It is essential to know this aspect in order to avoid possible financial consequences that could arise from failure to comply with the relevant rules.

For more information, please see the Romanian version of the article, here.

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D&B DAVID SI BAIAS SCA
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