Does TUPE apply to Ireland?

Does TUPE apply to Ireland?

During any business (or part of a business) transfer or merger, there is a legal obligation under the TUPE regulations in Ireland for the new employer to take on existing staff under the same contractual terms. TUPE is applicable whether you are an employee, apprentice, agency worker, or civil servant/state employee.

Is TUPE a legal requirement?

The TUPE Regulations preserve employees’ contractual terms and conditions when a business or undertaking, or part of one, is transferred to a new employer. Any provision of any agreement (whether a contract of employment or not) is void so far as it would exclude or limit the rights granted under the Regulations.

How long does TUPE conditions last?

TUPE regulations give some protection to your terms and conditions for an indefinite period. For example, if your new employer wants to change your terms and conditions 10 years later, they’d still need a valid reason for the change that is unrelated to the transfer.

How is the TUPE Directive implemented in Ireland?

The Irish Regulations which implement the TUPE directive stipulate that. 1. both the transferor and transferee have an obligation to inform the employees through their representatives about the transfer. 2. the employees must be consulted about the transfer not later than 30 days before the transfer.

What does Tupe stand for in EU law?

What is TUPE? TUPE is the name more commonly given to the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003. If a new owner takes over a business, the employees in the target business enjoy legal protections contained in the regulations.

What are the key aspects of the TUPE regulations?

Key Aspects of the TUPE Regulations The key takeaways from the regulations are The rights and obligations arising from an employment contract transfer to the new employer from the old Employees’ pension rights do not transfer

Are there specific Tupe redundancy rules for Peninsula Ireland?

The TUPE rules do not prohibit the new owner from restructuring the business after buying it. The new owner must adhere to fair procedures and respect any accrued employment law rights which your employees have. Are there specific TUPE redundancy rules?