Tupe Agreement

If an independent union has been recognized by the outgoing employer for the transfer of workers, recognition is also passed on to the incoming employer. Since 2014, tariff conditions can be renegotiated after one year, provided that they are generally no less favourable to the employee. The outgoing employer is required to provide the arriving employer with written information about the transferred workers, including identity, age, employment data, disciplinary and complaint documents, workers` rights and collective agreements, as well as all related rights and commitments that are transferred. This information should not be provided less than 28 days before the transfer, although the new employer will in practice endeavour to obtain this information much earlier. DUPE regulations preserve the terms and conditions of employees when a company or part of it is transferred to a new employer. Any provision of an agreement (whether an employment contract or not) is not applicable to the extent that it would exclude or limit the rights granted by the regulations. Collective agreements in force at the time of the transfer are also transferred to the new employer. These include terms of employment negotiated through collective bargaining and broader labour relations. For example, the collective dispute procedure, school leave, training of union representatives, negotiated redundancy procedures or workplace safety regimes and flexible work regimes. In certain circumstances, contractual changes made by the new collective agreements agreed by the outgoing employer are not necessary as a result of a transfer. Tariff conditions can be renegotiated after one year, provided that the overall contract is no less favourable to the employee. If the employer of a worker concerned intends to take action on the worker concerned, he must consult with the worker`s representatives in order to reach an agreement with the worker concerned on the measures envisaged. As a worker, your right to leave is also protected, as are all previously concluded collective agreements.

You also keep your permanent job, even if you have been transferred to a new employer. The only way for your new employer to harmonize the terms and conditions of all im companies is to improve them. This may include, for example, an increase in annual leave. You should note that your new employer still needs to get an agreement for these changes, even if they are positive changes. They will do so by either obtaining the agreement of the employees or by talking with the representatives of the workers or the unions.