The outgoing employer is required to provide the arriving employer with written information about the transferred workers, including identity, age, employment data, disciplinary and complaint documents, workers` rights and collective agreements, as well as all related rights and commitments that are transferred. This information should not be provided less than 28 days before the transfer, although the new employer will in practice endeavour to obtain this information much earlier. In certain circumstances, contractual changes made by the new collective agreements agreed by the outgoing employer are not necessary as a result of a transfer. Collective agreements in force at the time of the transfer are also transferred to the new employer. These include terms of employment negotiated through collective bargaining and broader labour relations. For example, the collective dispute procedure, school leave, training of union representatives, negotiated redundancy procedures or workplace safety regimes and flexible work regimes. If an independent union has been recognized by the outgoing employer for the transfer of workers, recognition is also passed on to the incoming employer. Since 2014, tariff conditions can be renegotiated after one year, provided that they are generally no less favourable to the employee. Tariff conditions can be renegotiated after one year, provided that the overall contract is no less favourable to the employee.
DUPE regulations preserve the terms and conditions of employees when a company or part of it is transferred to a new employer. Any provision of an agreement (whether an employment contract or not) is not applicable to the extent that it would exclude or limit the rights granted by the regulations. WEATHERHEAD, A. (2019) How to handle delicate TUPE problems. People management (online). July 24th. 3.(1) Paragraph 2 of Calendar 2 at ordnance Factories… Regulations apply when a business or part of a business is transferred from one employer to another.
Employers must first consult with a recognized union if they exist and if there is no recognized union, it is with elected staff representatives. If the transferred company retains a different identity from the other activities of the new employer, the new employer is deemed to be an independent union for the transferred workers to the extent that it has been recognized by the previous employer. If the company does not retain its own identity, union recognition is extinguished and it is up to the union and the employer to renegotiate the recognition. To protect your business from claims, you need to understand: Out-Law Guide | 01 ma 2019 | 3:53 p.m. | Two minutes.