QUOTE
Transfer of Undertakings (Protection of Employment) Regulations 2006 or "TUPE"
Tupe is also the name of a place in Peru, in the "provincia de Yauyos", "departamento de Lima".
2001 Directive
Chapter I - Scope and definitions
excludes transfers of company control through a simple purchase of shares, which is the most common way to effect a change in the market for corporate control.
Article 2 This gives definitions of transferor, transferee and the like.
Chapter II - Safeguarding of employees' rights
Article 3 This states the principle that the transferee is bound to the contractual and employment law obligations of the transferor. The transferor has to state what these are beforehand.
Article 4 This provides the idea that dismissals should not take place just because there is a transfer. But dismissals can be made for 'any economic, technical and organisational reason'.
Article 5 Member states can derogate from Art. 3 and 4 where the company is insolvent.
Article 6 This states that employee representatives positions should not change where the undertaking retains autonomy through the transfer. It is talking mainly about unions.
Chapter III - Information and consultation
Article 7 This provides that employers thinking of transfers must consult with the workforce before hand, through employee representatives.
Chapter IV - Final provisions
Article 8-14 These articles are addressed to the Member States, and talk about implementation maps, and notifications to the Commission of opinions or changes.
Wiki Link
Tupe is also the name of a place in Peru, in the "provincia de Yauyos", "departamento de Lima".
2001 Directive
Chapter I - Scope and definitions
excludes transfers of company control through a simple purchase of shares, which is the most common way to effect a change in the market for corporate control.
Article 2 This gives definitions of transferor, transferee and the like.
Chapter II - Safeguarding of employees' rights
Article 3 This states the principle that the transferee is bound to the contractual and employment law obligations of the transferor. The transferor has to state what these are beforehand.
Article 4 This provides the idea that dismissals should not take place just because there is a transfer. But dismissals can be made for 'any economic, technical and organisational reason'.
Article 5 Member states can derogate from Art. 3 and 4 where the company is insolvent.
Article 6 This states that employee representatives positions should not change where the undertaking retains autonomy through the transfer. It is talking mainly about unions.
Chapter III - Information and consultation
Article 7 This provides that employers thinking of transfers must consult with the workforce before hand, through employee representatives.
Chapter IV - Final provisions
Article 8-14 These articles are addressed to the Member States, and talk about implementation maps, and notifications to the Commission of opinions or changes.
Wiki Link