Paul Murphy (Dublin South West, RISE)
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134. To ask the Minister for Enterprise, Trade and Employment if he will instruct a company (details supplied) to provide written confirmation to staff in relation to the news that they will no longer be directly employed by the company; if he will ensure that the owners enter negotiations with staff in relation to their contracts; and if he will make a statement on the matter. [12329/23]

Neale Richmond (Dublin Rathdown, Fine Gael)
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The European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003(S.I. No. 131 of 2003) safeguards the rights of employees in the event of 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. Where there are no representatives, the employers must arrange for the employees to choose representatives for this purpose. The affected employees must be given the above information not later than 30 days before, and in any event, in good time before, the transfer (or, in the case of the transferee, before its employees will be affected by the transfer).

Where an employee considers that a breach of the Regulations has occurred they have the right to refer a complaint to the Workplace Relations Commission (WRC). The WRC are also responsible for adjudication in disputes as to applicability of TUPE.