TUPE also preserves the rights conferred by the employment contract, legal rights and continuity of employment and includes the right of employees to take legal action against their employer for unfair dismissal, dismissal or discrimination, unpaid wages, bonuses or leave. What this means to you, if you are transferred under TUPE to a new employer and you have problems changing their terms, the claims you have would be against the new employer, not against the old one once. As a worker, your right to leave is also protected, as are all previously concluded collective agreements. You also keep your permanent job, even if you have been transferred to a new employer. This could lead to a transferred employee (whose old contract granted him an expanded right of leave) alongside an existing employee of the new company (who works under an employment contract whose terms have been set by the „new“ company) with less generous leave rights. You have a number of rights when you are faced with layoffs: workers employed in the company that is transferred have transferred their jobs to the new employer. Employees may refuse transmission (or „object“), but depending on the circumstances of the case, they may lose valuable legal rights if they do so. TUPE states that „all rights, powers, duties and commitments of the transferor are transferred to the purchaser as part of or within the framework of the employment contracts of the employees transferred.“ This comprehensive concept includes employment contract rights, legal rights and continuity of employment and includes the right of workers to sue their employer for unfair dismissal, dismissal or discrimination, unpaid wages, bonuses or leave, as well as rights to assault. 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. TUPE refers to the 2006 employment transfer regulations, as amended by the „2014 and 2014 Regulations on Collective Dismissals and Business Transfers (Employment Protection). TUPE rules apply to organizations of all sizes and protect workers` rights when the organization or service they work for transfers to a new employer works. 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. Or you worry about your employer`s business and the likelihood of layoffs. While the rumors of dismissal are visibly disturbing, it heralds a significant decline in activity or there are rumors that they are in a difficult financial situation, you and your colleagues might, quite rightly, start to worry that your roles could be fired.
Unfortunately, there may be very few things you can do to improve your employer`s financial situation, and therefore you may feel helpless in the redundancy process. But remember that there are always requirements on what your employer should do in such a redundancy situation in terms of labour law, and you have certain rights in terms of advice, alternatives to dismissals, notice and legal payments.