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

L EX LOCALIS - J OURNAL OF L OCAL S ELF -G OVERNMENT D. Senčur Peček, S. Laleta & S. Kraljić: Labour Law Implications of Outsourcing in Public Sector 713 legal transaction for a temporary transfer of surveillance activities. The rights and obligations concerning the transfer are not exhausted with the conclusion of the first (temporary) contractual transfer of the undertaking or activity, and these statutory provisions also apply to subsequent temporally connected contractual transfers of the activity to the same or other transferees." In the case VIII Ips 51/2015 (which also relates to the surveillance activity) the Supreme Court of the RS stated that "subsequent contractual transfers of the activity shall be considered a transfer within the meaning of Article 75 of ERA-1, if the contents of the contractual transfer have not significantly changed, in comparison with the first transfer, in terms of the work performed by employees." As regards a question of who acquires employees upon the conclusion of a temporary contractual transfer of activity, the Supreme Court of the RS pointed out in the same case that "in the event where the activity, which is subject to a transfer, is contractually fully taken over by another transferee upon the expiry of the period of the temporary transfer, the rights and obligations of employees employed in this activity are transferred to a new transferee. The rights and obligations arising from employment relationships with these employees therefore revert to the transferor only in the case where no new transferee exists or where a new transferee fails to fully take over the activity, which would also require it to take over all the employees. " With such interpretation of the eighth paragraph of Article 75 of ERA-1, Slovenian regulation of the protection of employees in the event of a contractual transfer of services to another contractor and resumption of services by the contracting authority (insourcing) 31 approaches the regulation in the UK, which protects employees in the case of outsourcing, the transfer of services to another contractor and insourcing, irrespective of the intention of the transferee to take over these employees or not. This is a well-known provision of Article 3. b. of The Transfer of Undertakings (Protection of Employment) Regulations 2006 from the UK (hereinafter: TUPE) 32 , the so-called "service provision change" 33 which was enacted in order to eliminate uncertainties relating to the application of the Directive in the case of the transfer of the provision of services in labour-intensive sectors (such as cleaning) and to ensure the safeguarding of employees in all necessary situations (Deakin and Morris, 2009: 203; Titze, 2015; Wynn-Evans, 2013). 4 Transfer of an undertaking in the case of outsourcing in the public sector The rules relating to the protection of employees in the event of the transfer of an undertaking shall (may) also apply in cases where an undertaking or part of an undertaking is transferred from a legal entity governed by public law (e.g. municipalities or other local self-government institution) to a legal entity governed