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Transfer of undertakings: An employee cannot waive his or her rights conferred by the Acquired Rights Directive, holds the ECJ

This report relates to 1 case(s)

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    Foreningen af Arbejdsledere i Danmark v Daddy's Dance Hall A/S [1988] IRLR 315 ECJ (0 other reports)

In Foreningen af Arbejdsledere i Danmark v Daddy's Dance Hall A/S (Daddy's Dance Hall) [1988] IRLR 315 ECJ , the ECJ held that the provisions of the Acquired Rights Directive are mandatory and "therefore independent of the will of the parties" to the employment contract, although post-transfer variations may be agreed that are permitted by national law "in cases other than the transfer of an undertaking".