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Old 2nd Aug 2006, 06:15
  #84 (permalink)  
Raw Data
 
Join Date: Mar 1999
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Well I did a bit of light reading...

The object of this subpart is to provide protection to specified categories of employees if their employer proposes to restructure its business so that their work is to be performed for a new employer and, to this end, to give employees a right—


(a)to elect to transfer to the new employer on the same terms and conditions of employment; and


(b)subject to their employment agreements, to bargain for redundancy entitlements from the new employer if made redundant by the new employer for reasons related to the restructuring of the previous employer's business; and


(c)if redundancy entitlements cannot be agreed with the new employer, to have the redundancy entitlements determined by the Authority.
It doesn't apply to what I wrote, which is the case where one company closes down and another takes over it's work. Subpart 6A only applies where, due to a restructure, a company elects to transfer work to another employer. It is not the same thing as one company closing down, and another taking over the work.

What the legislation is essentially talking about, is where a company chooses to sub work out to a contractor.
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