- No categories
There is no time limit for the validity of the TUPE. In theory, the terms and conditions by which someone transfers apply for an indeterminate period. As in any scenario in which an employer wishes to amend a contractual clause, the conditions transferred under the TUPE can only be changed by contract, in accordance with existing conditions or by dismissal and reinstatement. However, this is not recommended to cause changes immediately after a TUPE. Recent changes to the TUPE regulations for transfers on 31.01.14 or after 31.01.14 do not require the new organization to comply with these collective agreements, i.e. wage increases. The collective agreements of workers transferred before that date are protected. Collective agreements transferred to the new employer can be renegotiated provided that 12 months or more have elapsed since the transfer and the changes do not harm the workers concerned. 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. After a transfer, employers often find that employees with different terms of sale work side by side and want to change/harmonize the terms and conditions. However, TUPE indefinitely protects against any change/harmonization if the only or main reason for the change is the transfer.
These changes are not valid. Tariff conditions can be renegotiated after one year, provided that the overall contract is no less favourable to the employee. If your employer wants to change your terms of employment, this is allowed as long as you agree. For example, your employer may increase your leave to be a standard amount for all employees across the company. For a long time, it was common knowledge that tupes applied only to workers. The reason is that the regulations refer to those who “are employed under a service or training contract or in any other way, but who do not include persons who provide services under a service contract,” i.e. workers in the traditional sense of the word and not salaried workers or temporary workers. 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.
The duration of protection granted by TUPE is indeterminate; If the change in the terms of employment of a transferred worker is based on transfer, it is prohibited, even if it occurs a few years after the transfer. However, it is less likely that a worker could say that the change was made as a result of the transfer, as the period has been long since the transfer. As a worker, your right to leave is also protected, as are all previously concluded collective agreements.