The new employer should submit a new declaration of the general conditions of sale within four weeks of the transfer. The duration of a worker`s continuous employment is not interrupted by a transfer and, for the purposes of calculating the right to statutory right to work, the date on which the period of uninterrupted employment began is the date on which the worker began working with the former employer. This should be included in the employee`s new written statement; If this is not the case or if there is a dispute over the date on which the duration of the continuous employment began, the case may be referred to a labour court. Transferred workers retain all rights and obligations arising from their employment contracts with the previous employer and are transferred to the new employer, except that the rights and obligations of the former employer in respect of old-age, invalidity or survivors` benefits are not transferred from the workers` occupational pension schemes. If the new employer does not offer comparable terms and conditions of sale, including pension schemes, a worker may be entitled to unjustified dismissal. This may concern the whole enterprise or only a subdivision of the enterprise. The size of the company has no influence on the application of the TUPE rules. What happens to the collective agreements I currently have? the term of protection granted by TUPE is unlimited; If the modification of the conditions of employment and employment of a transferred worker is based on the transfer, it is prohibited, even if it occurs a few years after the transfer. However, it is less likely that a staff member can say that the longer the transmission time, the more the change was made as a result of the transfer. For a long time, everyone knew that the TUPE rules only applied to workers.
Indeed, the schemes concern those who are `hired under a service or training contract or in another way, but not to persons who provide services under a service contract`, that is to say, workers in the traditional sense of the term and not workers or temporary agency workers. Any trade union recognition is transferred to the new employer. The union will obtain the agreement of the new employer for the recognition to continue. There are limited circumstances in which conditions can be changed, one of which is to include conditions in a collective agreement (e.g.B . . .