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This article considers some the issues relating to the creation, implementation and definition of Council Directive 77/187/EEC (the Acquired Rights of Workers in case of Transfers of Undertakings) - usually known as the Transfer of Undertakings Directive. It is argued that the drafting of the Directive was subject to many imperfections as a legislative tool when it came into effect. It was a product of its time and the seeds of future problems that were to emerge in later years in its implementation had already been sown. A comparison is made of how industrial relations actors in Ireland, Germany and Spain have defined the Directive and how this has influenced the implementation of the Directive in those three member states. The paper explores four broad topics that the Directive was meant to address which include: what is a transfer of undertaking, business, or part of a business?; information and consultation; dismissal of workers and compensation; and sanctions for violating the Directive. The article concludes that the 1977 Directive and its updated 1998 version have enhanced the employment protection rights of workers to some degree, but particularly in Ireland. In Spain and Germany, employees were already well protected in transfer cases. Finally, the future application of the 1998 version of the Directive is discussed.
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