Lex localis - Journal of Local Self-Government_11(1)_January

L EX LOCALIS - J OURNAL OF L OCAL S ELF -G OVERNMENT Vol. 15, No. 3, pp. 705 - 723, July 2017 Labour Law Implications of Outsourcing in Public Sector D ARJA S ENČUR P EČEK , S ANDRA L ALETA & S UZANA K RALJIĆ 1 Abstract Employers are increasingly resorting to the. contractual delegation of certain activities to outside contractors. Legal status of employees who previously performed this work with the employer depends mainly on whether there has been the transfer of the undertaking within the meaning of Directive 2001/23/EC. According to case law of the Court of Justice of the EU, in addition to the performance of the same activities, a condition is also the transfer of essential means of work or transition of employees. Since the transition of employees in this case depends on the agreement between the contracting authority and the provider of services, terms of public procurement are very important in this regard. The article addresses the question of the application or non-application of the institution of the transfer of the undertaking in cases of outsourcing in public sector while paying attention to Slovenian and Croatian legislation and to the Directive. Keywords: • outsourcing • public sector • transfer of undertaking • termination of employment contract • public procurement C ORRESPONDENCE A DDRESS : Darja Senčur Peček, Ph.D., Associate Professor, University of Maribor, Faculty of Law, Mladinska ulica 9, 2000 Maribor, Slovenia, email: darja.sencur-pecek@um.si. Sandra Laleta, Ph.D., Associate Professor, University of Rijeka, Faculty of Law, Hahlić 6, 51000 Rijeka, Croatia, email: sandra.laleta@pravri.hr. Suzana Kraljić, Ph.D., Associate Professor, University of Maribor, Faculty of Law, Mladinska ulica 9, 2000 Maribor, Slovenia, email: suzana.kraljic@um.si . https://doi.org/10.4335/15.3.705-723 (2017) ISSN 1581-5374 Print/1855-363X Online © 2017 Lex localis Available online at http://journal.lex-localis.press.