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Transfer of Undertakings - Protection of Employees
(European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003)
What is a Transfer of Undertakings?
Transfer means the transfer of an economic entity, which retains its identity Economic Entity means an organised grouping of resources, which has the objective of pursuing an economic activity, whether or not that activity is for profit or whether it is central and ancillary to another economic or administrative entity.
What Rights does an employee involved in a transfer have?
Transfer of Contractual Rights/Obligations
The Regulations provide that the rights and obligations of the original employer ( "the transferor" ) arising from an employment contract existing at the date of a transfer shall, by reason of such transfer, be transferred to the new employer ( "the transferee" ) . Furthermore, the transferee must continue to observe the terms and conditions agreed in any collective agreement on the same terms as were applicable to the transferor under that agreement until the date of termination or expiry of the agreement or the entry into force of another collective agreement.
What must an employer do?
Information and Consultation:
Both the original and new employers are obliged to inform their respective employees' representatives of the date of the transfer, the reasons for the transfer and the legal, social and economic implications of the transfer. This must be done, where reasonably practicable, not later than 30 days before the transfer date, and in any event in good time before the transfer is carried out (or in the case of the transferee, in good time before the employees are directly affected by the transfer regarding conditions of employment). Details of any measures envisaged in relation to the employees must be discussed with the employees' representatives "with a view to reaching an agreement". Where there are no representatives, the employers must arrange for the employees to choose representatives for this purpose.
Under the transfer of undertakings, no terms should be reduced or exchanged for others.
Whether you idea is the best idea in the world, saves money, time..etc..Your new employer will perceive you as being still stuck in your old ways. After awhilethe way we used to do it...
gets altered tothe way we used to do it...
. An other side effect of the transfer is that your formers employers name is like a dirty words and is looked upon with great disdain.can I suggest an alternative
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