Sunday Independent (Ireland) - Business & Appointments - - FRONT PAGE -

TRANS­FER of un­der­tak­ings oc­curs when a busi­ness or part of a busi­ness is taken over by an­other em­ployer as a re­sult of a merger or trans­fer. When a trans­fer takes place there is a le­gal obli­ga­tion on the new em­ployer to take on the ex­ist­ing staff of the busi­ness or the part of the busi­ness con­cerned.

The leg­is­la­tion gov­ern­ing a trans­fer of un­der­tak­ings is con­tained within a Eu­ro­pean Coun­cil Di­rec­tive 2001/23/EC. This was in­tro­duced into Ire­land in 2003. The em­ployee’s ac­crued ser­vice with his or her orig­i­nal em­ployer is deemed to have been with the new em­ployer. The em­ployee is en­ti­tled to terms and con­di­tions of em­ploy­ment with the new em­ployer which are no less favourable than those he or she had with the pre­vi­ous

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