The so-called TUPE regulations derive from the Acquired Rights Directive. This directive is designed to protect the position of employees when a business is sold or transferred.<\/p>\n
The transfer itself does not constitute a valid ground for dismissal. Dismissals may occur for economic, technical, or organisational reasons or for categories of worker that are not covered by legislation protecting against dismissal.<\/p>\n
Rights and obligations attached to the employment contract are transferred to the transferee when the business is transferred. States may provide that transferor and transferee are both jointly and separately liable for the obligations which arise before the date of transfer.<\/p>\n
States may adopt measures to ensure that the transferor notifies the transferee of all rights and obligations that are transferred, insofar as they are known. Failure to notify does not affect the transfer of the rights or obligations concerned.<\/p>\n
The terms and conditions in collective agreements must continue to be observed up to the date of termination or expiry of the agreement or entry into force of the substituted agreement.<\/p>\n
Unless member states otherwise provide, the continued observation of rights does not apply in relation to old age, invalidity, or survivors benefits under supplementary pension schemes outside the statutory social security schemes. Member states may, however, adopt measures to protect rights conferring immediate or prospective entitlement on employees or persons no longer employed.<\/p>\n
Unless states otherwise provide, the provisions do not apply where the transferor is subject to bankruptcy or insolvency proceedings, which have been instituted due to the liquidation of the assets under the supervision of a public authority.<\/p>\n
\n <\/div>\n\n","protected":false},"excerpt":{"rendered":"
Terms of Employment The EU has enacted a number of directives designed to keep employees informed of basic information in respect of their employment. There is a directive which requires that employees be told details of their terms of employment. It applies to all paid employees with a contract of the employment relationship. Some exclusions […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[122],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/3008"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=3008"}],"version-history":[{"count":4,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/3008\/revisions"}],"predecessor-version":[{"id":18761,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/3008\/revisions\/18761"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=3008"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=3008"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=3008"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}