Tupe Agreement Redundancy

If a redundancy situation is possible as a result of a transfer, employers must consult directly with the workers concerned and, indirectly, through representatives, when the new employer makes 20 or more redundancies within 90 days. If fewer than 20 workers are laid off within 90 days, the legal obligation to consult individual workers is still in place, but there are no deadlines imposed. Tariff conditions can be renegotiated after one year, provided that the overall contract is no less favourable to the employee. If you refuse a reasonable offer, you waive any right to any legal compensation that is yours. If you refuse an inappropriate offer, your right to legal compensation is upheld. The nature of some layoffs means that you may be offered another role instead of losing your job, and your employer should check if you have other jobs in a redundancy situation. Any dismissal is automatically unjustified if the only or the main reason for the dismissal is the transfer. Dismissals should not be automatically unjustified if the dismissal is motivated by economic, technical or organisational reasons (an „ETO“ reason) that requires a change of personnel. This defence of the ETO is narrow and must lead to changes in personnel, for example. B the number of employees or work functions.

The reasons for ETO can be difficult to identify. Even if the employer has a defence of the ETO and the dismissal is not automatically unfair, it may still be unfair for other reasons. B, such as non-consultation in a redundancy situation, its use to reduce costs or harmonize conditions. Under the 2014 amendments, redundancies in the event of a change of employment are covered for the reason of the ETO, but still need to be treated fairly. 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. Although dismissal is one of the specific categories of fair dismissal, this does not mean that it cannot be challenged by you if you feel that the dismissal decision was unfair and that a court may consider that dismissal on the cause of dismissal is unfair. Because there are a number of substantive and procedural hurdles that your employer must face in the event of dismissal, employers may miss an important part of the process or fail to consult with workers properly.

Both the former and the new employer may enter into transaction agreements involving, among other things, the waiver of the duty to consult. After a transfer, a new employer has to close part of a business because it is not working.