The application of article 44 of the Workers' Statute in the contract of senior management

Abstract

Article 44 of the Workers' Statute establishes protective mechanisms in the event of transfer of an undertaking, basically the survival of the contract in all its terms. But, is this article applicable when the succession involves a senior manager? Will contractual terms, including, of course, the compensation agreed by the assignor with the senior staff member, link to the new employer? That’s the question posed in this paper; not a simple question taking into consideration the diversity of existing judicial and doctrinal opinions on this matter, although for the arguments put forward, could be answered affirmatively.