Written Answers - Transfer of Undertakings

Wednesday, 14 March 2012

Dáil Éireann Debate
Vol. 759 No. 2

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  84.  Deputy Brendan Griffin  Information on Brendan Griffin  Zoom on Brendan Griffin   asked the Minister for Jobs, Enterprise and Innovation  Information on Richard Bruton  Zoom on Richard Bruton   his views on a matter in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [14456/12]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): Information on Richard Bruton  Zoom on Richard Bruton  Where a business or part of a business is taken over by one employer from another employer as a result of a legal merger or transfer (including the assignment of forfeiture of a lease), a formal transfer of undertakings can occur. In these circumstances, the provisions of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations (S.I. No. 131 of 2003) apply. These provide that an employee’s length of service and terms and conditions of employment (other than pension rights) are automatically preserved and transferred to the new employer. There are also obligations on the old and new employer to consult and inform the employees of matters in relation to the transfer.

From the information provided, it is not possible to determine if the arrangements constitute a formal transfer of undertaking, as defined in the Regulations. The person concerned would be advised to contact the Workplace Relations Customer Services Unit at 1890 80 80 90 or visit the website www.workplacerelations.ie for further information on the protections that would apply in his circumstances.

I would advise, however, that any formal complaint that might arise as a consequence would need to be lodged within six months of first occurrence of the dispute.


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