There is an avoidance measure in which the reason for opening insolvency or insolvency proceedings is to circumvent the employer`s legal obligations under the TUPE, tupe will continue to apply. It is important that workers are aware that they have the right to switch to the new employer to their existing working and employment conditions and all their existing work rights and obligations. The idea behind TUPE is that the new employer follows in the footsteps of the old employer, so send him everything you have about your current staff, be totally transparent. Workers employed in the transferring enterprise are transferred to the new employer. Employees may refuse the transfer (or “contradict”), but depending on the circumstances of the case, they may lose valuable legal rights if they do. TUPE declares that “all rights, powers, duties and liabilities of the assignor are transferred to the purchaser, from or in connection with the employment contracts of the transferred workers”. This comprehensive approach encompasses employment contract rights, legal rights and continuity of employment and includes workers` rights to complain about their employer for wrongful dismissal, dismissal or discrimination, unpaid wages, bonuses or leave and bodily injury. `After a transition, the purchaser must comply with the conditions agreed in a collective agreement, under the same conditions as those applicable to the contemptuous person under this contract, until the date of termination or expiry of the collective agreement, of entry into force or of the application of another collective agreement.` The tariff conditions can be renegotiated after one year, provided that the overall contract is no less favourable to the worker. During any transfer or merger of a company (or part of the company), the rules in Ireland require the new employer to take over existing staff under the same contractual conditions.
The rules stipulate that the outgoing employer is required to provide the new employer with written information about the transferring workers, including identity, age, employment data, disciplinary and claims records, workers` rights and collective agreements as well as any related rights and obligations that are transferred. . . .