The right of the employee to refuse to be transferred : a comparative and theoretical analysis.

This paper aims at assessing the right of employees to refuse to have their contracts of employment transferred within the framework of the transfer of undertakings Directive. A transnational as well as a theoretical analysis is proposed. Beyond the comparison of the implementation of this Directive within six European countries, the elements of contractual, constitutional and labour law that have framed the diverging interpretations of the Member States are listed. As a conclusion, hints are given as to the possible legal evolution of the worker's right to refuse to be transferred.