Consolidated criteria from an employment and social security perspective concerning the transfer of a production unit within insolvency proceedings

As is well known, the referral of arts. 146 bis and 149(4) of the Insolvency Act (abbrev. LC) to art. 44 of the Employee (Rights and Responsibilities) Act (abbrev. LET) for application of the transfer-of-undertaking regime, and this article’s own referral to the rules governing the joint and several liability for debts with the Social Security [former arts. 104(1) and 127(2), respectively, of the Social Security Act (abbrev. LGSS), current arts. 142(1) and 168(2) of the new consolidated text (Royal Legislative Decree 8/2015, of 30 October)] gave rise to a great deal of disagreement, not only in terms of jurisdiction, but also of a substantive and procedural nature, between companies courts judges and employment courts judges. Now, following the conclusions agreed by the latter at their last meeting, we can take a series of – previously controversial – criteria as consolidated. Below follow such criteria, noting, however, that despite the efforts at reaching a consensus, some issues remain unresolved…