European Communities (Safeguarding of Employees’ Rights On Transfer of Undertakings) Regulations, 1980

• Jurisdiction: Ireland
• Citation: IR SI 306/1980
• Year: 1980

S.I. No. 306 of 1980.

EUROPEAN COMMUNITIES (SAFEGUARDING OF EMPLOYEES' RIGHTS ON TRANSFER OF UNDERTAKINGS) REGULATIONS, 1980

I, GENE FITZGERALD, Minister for Labour, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive No. 77/187/EEC of 14 February 1977(1), hereby make the following Regulations:

(1)OJ No. L 61 of 5.3.77 p. 26-28 1. (1) These Regulations may be cited as the European Communities (Safeguarding of Employees' Rights on Transfer of Undertakings) Regulations, 1980.

(2) These Regulations shall come into operation on the 3rd day of November, 1980. 2. (1) In these Regulations—

"the Council Directive" means Council Directive No. 77/187/EEC of 14 February, 1977(1);

(1)OJ No. L 61 of 5.3.77 p. 26-28

"the Minister" means the Minister for Labour.

(2) A word or expression that is used in these Regulations and is also used in the Council Directive shall, unless the context otherwise requires, have the meaning in these Regulations that it has in the Council Directive. 3. The rights and obligations of the transferor arising from a contract of employment or from an employment relationship existing on the date of a transfer shall, by reason of such transfer, be transferred to the transferee. 4. (1) Following a transfer, the transferee shall continue to observe the terms and conditions agreed in any collective agreement on the same terms applicable to the transferor under that agreement, until the date of termination or expiry of the collective agreement or the entry into force or application of another collective agreement.

(2) Regulation 3 of these Regulations and paragraph (1) of this Regulation shall not apply in relation to employees' rights to old-age, invalidity or survivors' benefits under supplementary company or inter-company pension schemes outside the Social Welfare Acts, 1952 to 1979, but the transferee shall ensure that the interests of employees and of persons no longer employed in the transferor's business at the time of the transfer in respect of rights conferring on them immediate or prospective entitlement to old-age benefits including survivors' benefits, under such supplementary company pension schemes are protected. 5. (1) The transfer of an undertaking, business or part of a business shall not in itself constitute grounds for dismissal by the transferor or the transferee and a dismissal, the grounds for...