Séamus Kirk (Louth, Fianna Fail)
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Question 94: To ask the Minister for Jobs, Enterprise and Innovation further to Parliamentary Question No. 436 of 18 April 2012, if he will clarify the position in relation to the obligation on employers to employees in a transfer situation, to advise them of the legal, economic and social implications for them of the transfer in view of the transfer of a person (details supplied), due to take place on 8 May 2012; and if he will make a statement on the matter. [20801/12]

Richard Bruton (Dublin North Central, Fine Gael)
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While the rights of employers in transfer situations may vary, depending on the particular characteristics involved, the transfer to which the Deputy refers will have regard to the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003). These Regulations provide that the rights and obligations of the original employer, arising from an employment contract in existence at the time of the transfer shall be transferred to the new employer.

The Regulations also require that in a transfer situation, both the original employer and the new employer inform employee representatives of the reasons for the transfer and the date on which it will take effect. In relation to the nature of the information to be provided, the Regulations provide that both the original employer and the new employer must, in accordance with regulation 8 of the Regulations, inform the representatives of their respective 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 (4) any measures envisaged in relation to the employees.

The original employer is required to provide 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 envisages 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.

The above Regulations are supplemented by the Employee (Provision of Information and Consultation) Act 2006, which provides employees with a general right to request to enter into negotiations and to establish information and consultation arrangements with their employer on matters that directly affect them. This Act applies to employers with at least 50 employees. In the case referred to, I have met with the parties involved and have been assured that a process of consultation, as provided for in the legislation, has commenced.