The legal category of «transfer of enterprise» in Russian labor lawand European Union law

The article deals with various approaches to determining the essence of the category «transfer of enterprise» from the position of correlation of civil and labor law. The purpose of the article is to analyze the norms of Russian civil and labor law, as well as the norms of European Union law regarding the regulation of employee rights guarantees in the transfer of an enterprise based on the understanding of «transfer of an enterprise» as any change of ownership of an economic unit. Based on a brief study of the experience of the European Union, the author comes to the conclusions about the necessity of introducing the concept of «transfer of enterprise» in Russian labor law in order to ensure maximum protection of workers' rights in all cases of change of employer, allowing the employee to exercise the right of legal refusal to continue work in changed conditions, based on his personal assessment of the situation, or, conversely, continue to perform their duties in the company. Such conclusions are consistent with the understanding of the employee as a more economically vulnerable side of the labor relationship.

enterprise, property complex, transfer of the enterprise, change of ownership, legal refusal