There is no time limit for the validity period of TUPE. In theory, the conditions with which someone pays apply for an indefinite period. As in any scenario in which an employer wishes to modify a contractual clause, the conditions transferred under TUPE can only be really modified by agreement, in accordance with the existing conditions or by dismissal and re-registration. However, this is not recommended to make changes immediately after a TUPE. If an independent trade union has been recognised by the outgoing employer with regard to the transfer of workers, the recognition is also extended to the new employer. Since 2014, tariff conditions can be renegotiated after one year, provided that they are not generally less favourable to the worker. The new employer should submit a new declaration of the general conditions of sale within four weeks of the transfer. The duration of a worker`s continuous employment is not interrupted by a transfer and, for the purposes of calculating the right to statutory right to work, the date on which the period of uninterrupted employment began is the date on which the worker began working with the former employer. This should be included in the employee`s new written statement; If this is not the case or if there is a dispute over the date on which the duration of the continuous employment began, the case may be referred to a labour court.
Transferred workers retain all rights and obligations arising from their employment contracts with the previous employer and are transferred to the new employer, except that the rights and obligations of the former employer in respect of old-age, invalidity or survivors` benefits are not transferred from the workers` occupational pension schemes. If the new employer does not offer comparable terms and conditions of sale, including pension schemes, a worker may be entitled to unjustified dismissal. This may concern the whole enterprise or only a subdivision of the enterprise. The size of the company has no influence on the application of the TUPE rules. The TUPE rules preserve the general conditions of workers when an enterprise or part of an enterprise is transferred to a new employer. Any provision of an agreement (whether or not it is a contract of employment) is void to the extent that it would exclude or limit the rights granted under the rules. TUPE offers protection to employees in case the company they work for is transferred to a new property. In such a situation, employees will effectively move on to the new organization. In many cases, the new employer might want to change the terms and conditions of employment of the transferring workers so that all employees (their existing employees and the transferring employees) have the same or, to a large extent, similar conditions. . .