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Home About Gary Issues News Volunteer Media Contact Us Private enterprise - this is an isolated set of tools, the means of production and labor used by the owner in order to obtain profits.
Among the assets of any private enterprise are treated as property and cash value as well as intangible factors, referred to as "odds" of an enterprise. Such "chance" means the position of the enterprise market: its commercial reputation, established relations with suppliers, customers, clientele, banks, local authorities, administrative and governmental agencies.
The most important asset of the company - a team of his employees. The presence of existing, stable team of experienced, qualified employees is a guarantee of the effectiveness of an economic unit, is considered a necessary foundation for the development of its industrial and commercial activities. When selling a going concern, it passes under the jurisdiction of the new owner with the "opportunity" and a team of employees. The transfer of 'chance' is achieved by assuming the obligations of the old owner did not exercise in the area of ​​economic activity and the former do not undermine the established relationships of the enterprise.
Go workforce to maintain the new owner sometimes happens because of an express provision of law. In some countries, on the subject acts fundamentally different legal rules. In England, for example, it was formulated in 1966 in the leading case on the case of «Foster Clarck Indentire Trusts».
It should be noted that such rules in force in several other countries that do not bind the freedom of the capitalists. Change of ownership may be accompanied by a formal closing of the old and the opening of the new company. In this case, the previous owner conducts a final settlement with the workers and employees, and a new re-draws up contracts of employment. This measure is used in practice, not only for staff reductions and layoffs, the entrepreneur unwanted persons, but also to the deterioration of working conditions, the elimination of social benefits, previously won by the workers.
However, this rule does not reflect the prevailing practice of trade. Even in the decisions of English courts stated that the company usually offers a successor to workers and employees to remain on the previous work.