I presume the Deputy is referring to the Irish Statutory Instrument —S.I. No. 360 of 1980 — entitled the European Communities (Safeguarding of Employees' Rights on Transfer of Undertakings) Regulations, 1980 which implement EEC Directive 77/187 of 14 February 1977 on the safeguarding of employees' rights in the event of the transfers of undertakings, business or parts of businesses.
Where such a transfer takes place, the Regulations impose a range of responsibilities on the transferor and the transferee such as: the rights and obligations arising from a contract of employment or employment relationship existing on the date of a transfer are transferred from the original employer to the new employer; an employee may not be dismissed solely on the grounds of a change of ownership of a business; however, dismissals may take place for economic, technical or organisational reasons entailing changes in the workforce and the original employer, transferor, and the new employer, transferee, must consult the representatives of their respective employees in good time concerning: the reason for the transfer; the legal, economic and social implications for the employees and measures envisaged which may affect the employees.
If the employees have no representatives, the old employer and the new employer must give to their respective employees, in good time, a statement containing the particulars described above, and display notices containing these particulars in the workplace. No amendments have been made to the Regulations.
