Dáil Éireann Debate, Wednesday - 16 June 2021
38. Deputy Bríd Smith asked the Tánaiste and Minister for Enterprise, Trade and Employment the duties the EU directives in relation to the transfer of undertakings imposes on all employers in Ireland involved in such a transfer; the rights currently conferred on all employees as a result of this directive; and if he will make a statement on the matter. [32215/21]
View answerThe European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) apply to any transfer of an undertaking, business or part of a business from one employer to another employer as a result of a legal transfer (including the assignment or forfeiture of a lease) or merger.
Regulation 8 of the Regulations provides that, in a transfer situation, both the original employer and the new employer must inform the representatives of their employees affected by the transfer, of
1. the date or proposed date of the transfer;
2. the reasons for the transfer;
3. the legal implications of the transfer for the employees and a summary of any relevant economic and social implications of the transfer for them, and any measures envisaged in relation to the employees.
The original employer must give this information to the employees’ representatives, where reasonably practicable, not later than 30 days before the transfer and in any event, in good time before the transfer occurs. The new employer must give the information to the employees’ representatives, where reasonably practicable, not later than 30 days before the transfer occurs and in any event, in good time before the employees are directly affected by the transfer as regards their conditions of work and employment.
If either employer envisage measures in relation to their employees, the employees’ representatives must be consulted, where reasonably practicable, not later than 30 days before the transfer occurs and, in any event in good time before the transfer about such measures, with a view to reaching agreement. Where there are no employee representatives, the employers must arrange for the employees to choose (including by means of an election) representatives for this purpose.
Complaints relating to alleged contravention of the 2003 Regulations can be brought in the first instance to an Adjudication Officer of the Workplace Relations Commission (WRC) and, on appeal, to the Labour Court. Any such case should be taken within six months of the date on which an employee considers that there has been a contravention of the Transfer of Undertakings Regulations.
