APSFS’ next breakfast debate on 5th March 2015 -8.30am- 10.00am – Luxembourg – IT Contracts. For all CEOs (PSF), CIOs (financial institutions), HR managers, registrations are open until 23rd, February 2015.
IT contracts : how to avoid a requalification as a transfer of undertaking or as an unlawful lending of employees ?
In the context of some types of IT contracts and, more particularly, IT outsourcing arrangements, a question often arises, namely whether the activity concerned boils down to a “transfer of undertaking” within the meaning of the Luxembourg Labour Code. Such a qualification would, amongst others, mean that the IT service provider has to apply the same labour conditions to the employees concerned as those applied by the client.
Furthermore, in several IT agreements, the staff of the IT service provider operates on the client’s site for a longer period. If the client can exercise some authority over the staff concerned, such arrangements could lead to an situation classified as illegal lending of employees by the service provider.
During the breakfast debate, Vincent Wellens, lawyer at the Luxembourg and Brussels Bars and specialised in new technologies and sourcing arrangements, will give a state of play of the applicable laws and give some practical tips and tricks how to avoid these requalifications.
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Photo : Thierry Seignert