Legal Tupe Agreement

3. MEPs should be aware that the success of the constructive dismissal application is a very important legal obstacle, since the extent of a justified “economic, technical or organisational reason” is potentially very important. “Following a transfer, the purchaser complies with the terms of each collective agreement on the same terms as those applicable to the transferor under this contract until the date of termination or expiry of the collective agreement or the entry into force or application of another collective agreement.” In Ireland, when transferring a business (or part of a business), Irish law requires the new employer to take care of existing staff under the same contractual terms. The regulations provide that the outgoing employer is required to provide the arriving employer with written information about changing personnel, including identity, age, employment data, disciplinary and complaint documents, workers` rights and collective agreements, as well as all related rights and obligations 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. Your former employer must explain to you, no later than 30 days before the company is handed over, when this will happen, why the transfer will take place and how you will be affected from a legal, economic and social point of view, including all the specific measures that will be taken. Although it is not possible to make TUPE contracts, there are steps that outgoing employers and incoming employers can take to contractually distribute TUPE commitments among themselves. While, under the TUPE, commitments related to transferred workers are always transferred to the new employer, so that workers` rights should always be collected against the new employer, the parties can nevertheless contractually agree to distribute the debts among themselves in another way. This should be done through contractual allowances. If you find this useful for your business, you should always get specialized legal advice.