Recent changes to the TUPE regulations for transfers on 31.01.14 or after 31.01.14 do not require the new organization to comply with these collective agreements, i.e. wage increases. The collective agreements of workers transferred before that date are protected. All union recognition is transferred to the new employer. The union will obtain the approval of the new employer to continue the recognition. Collective agreements in force at the time of the transfer are also transferred to the new employer. These include terms of employment negotiated through collective bargaining and broader labour relations. For example, the collective dispute procedure, school leave, training of union representatives, negotiated redundancy procedures or workplace safety regimes and flexible work regimes. 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. Tariff conditions can be renegotiated after one year, provided that the overall contract is no less favourable to the employee. What will happen to the collective agreements that I currently enjoy? If the employer of a worker concerned intends to take action on the worker concerned, he must consult with the worker`s representatives in order to reach an agreement with the worker concerned on the measures envisaged. 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. 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. DUPE regulations preserve the terms and conditions of employees when a company or part of it is transferred to a new employer. Any provision of an agreement (whether an employment contract or not) is not applicable to the extent that it would exclude or limit the rights granted by the regulations.
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