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KKO 3591/1999 AI generated

Supreme Court rules that a new contract between original and new employer does not constitute a business transfer under Finnish law.

Case Number KKO 3591/1999
Court / Authority
Jurisdiction Finland (FI)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the claim regarding a business transfer between A Oy and B Oy. The facts show A Oy managed hotels for X Oy, which later signed a new contract for the same work with B Oy. The court held that the new agreement between X and B did not create a transfer of business between A and B because no transfer of assets or employees occurred.

Legislator headnote

AI generated

Section 1 of the Business Transfer Act 1999; A new service contract between the original client and a new service provider does not constitute a business transfer under the Business Transfer Act if no assets or employees are transferred.

Keywords

AI generated
business transfer service contract employer liability asset transfer employee transfer Finnish law KKO 3591/1999

Cited Legislation

AI generated
Section 1 of the Business Transfer Act 1999
AI generated
labour_2021_53
Union loses case as court finds union failed to prove employee was moved to a new workplace during business transfer.
labour_1997_22
Labor court dismissed claim for vacation pay based on expired collective agreement after business transfer.
kko-precedent_1996_11
Supreme Court dismisses appeal; bankruptcy trustee lacks right to terminate fixed-term contracts when business is sold.
labour_2010_122
Labor court dismisses union claim that collective agreement protects union rep during business transfer.
kko-precedent_1991_141
Supreme Court dismisses claim that business transfer occurred without explicit agreement between former and new employer.

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Full text

A Oy oli sopimuksen nojalla huolehtinut X Oy:n omistamien hotellien kerroshoitotyöstä. X Oy oli tehnyt uuden sopimuksen sanotusta työstä B Oy:n kanssa. Kysymys siitä, oliko A Oy:n ja B Oy:n välillä tapahtunut liikkeen luovutus.