What happens to the collective agreements I currently have? No, a delegated worker may choose not to move to the new employer. This has the same effect as a dismissal, since the worker concerned cannot claim dismissal or unjustified severance pay. When a worker resigns as a result of the transfer, his employment relationship ends on the day of the transfer, provided that he has notified the outgoing employer or the new employer. If your new employer does not meet the conditions of your contract, it may be a breach of an employment contract. Collective agreements that are passed to the new employer may be renegotiated provided that 12 months or more have elapsed since the transfer and that the amendments do not harm the workers concerned. The new employer should submit a new declaration of the general conditions of sale within four weeks of the transfer. The duration of a worker`s continuous employment is not interrupted by a transfer and, for the purposes of calculating the right to statutory right to work, the date on which the period of uninterrupted employment began is the date on which the worker began working with the former employer. This should be included in the employee`s new written statement; If this is not the case or if there is a dispute over the date on which the duration of the continuous employment began, the case may be referred to a labour court. Transferred workers retain all rights and obligations arising from their employment contracts with the previous employer and are transferred to the new employer, except that the rights and obligations of the former employer in respect of old-age, invalidity or survivors` benefits are not transferred from the workers` occupational pension schemes. If the new employer does not offer comparable terms and conditions of sale, including pension schemes, a worker may be entitled to unjustified dismissal. The only way for your new employer to harmonize the company`s terms and conditions is to improve them. This may include, for example, an increase in annual leave. You should keep in mind that your new employer must always get approval for these changes, even if they are positive changes.
They will do so either by respecting the agreement of the workers or by discussing with representatives of the workers or the trade unions. The collective agreements in force at the time of the transfer are also transferred to the new employer. These include working and employment conditions negotiated through collective bargaining, as well as broader agreements on labour relations. For example, the procedure of collective litigation, leave bodies, training of trade union representatives, dismissals related to negotiations or agreements on job security and flexibility of work rules. Martin Lewis is a registered trademark of Martin S Lewis. the term of protection granted by TUPE is unlimited; If the modification of the conditions of employment and employment of a transferred worker is based on the transfer, it is prohibited, even if it occurs a few years after the transfer. However, it is less likely that a staff member can say that the longer the transmission time, the more the change was made as a result of the transfer. There is no minimum consultation period for tupe, although it must be done “on time” before transmission. Therefore, large and complex transactions involving many collaborators require a longer consultation time than simpler transactions It is really important….