In the event of a merger, the merger is extinguished and the surviving entity complies with the contractual obligations of the merged entity, including employment contracts. As a result, employees of the merged entity automatically become employees of the surviving company, while maintaining the terms of employment, including the working conditions of the merged entity. (TCO 3) What is the structure defined to determine the distance of a person who must match the classification of the data in order to access it? Automatic transmission under the 2001/23/EC Directive on Business Transfers and the Czech Labour Code when the activities or tasks of an employer (or part of them) are delegated. Obligation to inform and consult with workers and workers` representatives. Protection of workers from a significant deterioration in working conditions (significant restrictions on changes in post-transition conditions of employment, entitle to severance pay in the event of deterioration). Workers cannot be made redundant due to a transfer. No protection against dismissal of employees in a business transfer. However, as with almost all redundancies, an employment tribunal (IRC) authorization is required before the worker`s employment can be laid off and the rights to severance pay must be paid. Automatic transfer according to business transfer rules. The rights and obligations arising from employment contracts are transferred to the new employer.
Restrictions on changes in terms and conditions after a transfer. Obligation to inform and consult with workers` representatives. The transfer is not in itself grounds for dismissal. If ownership of a company is transferred to a new owner or if a change in its legal form is made by merger, split or otherwise, the employment contracts remain in force and the service or notification is considered to be continuous. With regard to workers` rights for the period prior to the change (for example. B wages or service allowance not paid at the time of the transfer of ownership), the predecessor and successor are jointly responsible. Under the Fair Labour Act, the rules apply when there has been “offshoring.” The transfer of commercial rules applies where there is a link between two employers (including the sale and acquisition of a business in whole or in part, certain outsourcing and insourcing agreements, and where both employers are associated businesses), the new employer agrees to recruit some or all workers from the former employer and there has been no significant change in the work done by these workers. First, the transfer of trade rules means that a transferable instrument (i.e. a collective agreement) that included the worker prior to the transfer continues to apply after the transfer.
The Fair Labour Commission may issue certain orders that change the impact of the transfer of trade rules if it deems it appropriate.