Catherine Murphy (Kildare North, Social Democrats)
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173. To ask the Minister for Enterprise, Trade and Employment if his attention or that of his officials has been drawn to a change of ownership of a hotel (details supplied) in County Kildare; the statutory obligations of the receiving party in respect of staff that will transition to a new employer under a transfer of undertaking; the degree to which employer representatives are to be kept informed of the progress of the sale process; and if they are entitled to query the seller in respect of the sale progress. [48960/21]

Damien English (Meath West, Fine Gael)
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The 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.

The main provisions of the Regulations provide that all the rights and obligations of an employer under a contract of employment (including terms inserted by collective agreements), other than pension rights, are transferred to the new employer on the transfer of the business or part thereof. The new employer must also continue to observe the terms and conditions of any collective agreements until they expire or are replaced.

Both the outgoing and incoming employers are obliged to inform their respective employees’ representatives of, inter alia, the reasons for the transfer and the legal, social and economic implications of the transfer.

The Workplace Relations Commission (WRC) hold the role of adjudication in disputes as to applicability of TUPE.

Complaints relating to alleged contravention of the 2003 Regulations can be brought in the first instance to an Adjudication Officer of the 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.