| Tittel: | The Double Purpose of Dir. 2001/23/EC: Labour Protection and Balancing of Rights | | Ansvar: | Kurt Weltzien | | Forfatter: | Weltzien, Kurt  | | Materialtype: | Artikkel - elektronisk | | Signatur: | Nordic journal of labour law | | Utgitt: | Oslo : Karnov Group Norway, 2025.- 1. utgave, 1. versjon | | ISBN/ISSN: | 2704-1085 | | Serie: | Nordic journal of labour law ; 6/2025 | | Emneord: | Arbeidsrett / Arbeidstakere / Arbeidstakeres medbestemmelse / Virksomhetsoverdragelse | | Stikkord: | Arbeidsmiljøloven - AML (2005) kap 16 / Direktiv 2001/23/EF - Virksomhetsoverdragelsesdirektivet | | Geografiske emneord: | Norge | | Note: | KARNOV-2025-6 | | Innhold: | This article explores the critical role of legal presumptions in labour law, focusing on their impact on enforcing workers' rights and protections. By examining the evolution of these presumptions within the EU labour law and NorweDirective 2001/23/EC aims to safeguard employees' rights in the event of transfers of undertakings, businesses, or parts of businesses. This Directive is implemented in Norwegian law through Chapter 16 of the Working Environment Act. While the Directive explicitly aims to protect employees during changes of employer, this article explores whether worker protection is its sole purpose. The article delves into the legal basis, origin, and history of the Directive, and considers the implications of the EU Charter of Fundamental Rights on its interpretation. Additionally, the author analyses case law from the European Court of Justice (ECJ), the EFTA Court, and the Norwegian Supreme Court. The conclusion drawn is that the Directive serves a dual purpose: protecting employees and balancing the rights of employers and that this has been acknowledged by the ECJ and the EFTA Court. The author suggests that the Norwegian Supreme Court should also acknowledge this dual purpose, aligning more closely with EU law and ECJ case lawian labour law, the discussion highlights how presumptions address the challenges of employee misclassification and the enforcement of labour rights. Key developments, like the introduction of a general presumption of employment in Norwegian law, illustrate the diversity and significance of these legal mechanisms. The article delves into various types of presumptions, their justifications, and their practical implications, aiming to shed light on their advantages and potential drawbacks in enhancing labour law's protective function |
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