Transfer of Business (Protection of Employment)

L.N. 443 of 2011

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT

(CAP. 452)

Transfer of Business (Protection of Employment)

(Amendment) (No. 2) Regulations, 2011

IN exercise of the powers conferred by articles 38 and 48

(2) of the Employment and Industrial Relations Act, the Prime

Minister has made the following regulations –

The title of these regulations is the Transfer of Business Title.

(Protection of Employment) (Amendment) (No. 2) Regulations,

2011, and they shall be read and construed as one with the Transfer

of Business (Protection of Employment) Regulations, 2002, L.N. 433 of 2002.

hereinafter referred to as “the principal regulations”.

In regulation 4 of the principal regulations, for the words

“part-time employees.” there shall be substituted the words “part-

time employees:” and immediately thereafter, there shall be added

the following new proviso:-

“Provided that notwithstanding anything stated in the

Act and in these regulations, and irrespective of the size of the

workforce, the transferor shall provide information about the

conditions of employment of every employee to the transferee,

which information shall always include a copy of the contract of

employment or written statement in terms of the Information to

Employees Regulations, 2002 and the information provided by the L.N. 431 of 2002.

transferor to the transferee in respect of a particular employee shall

also be given to that employee”.

For sub-regulation (1) of regulation 6 of the principal

regulations there shall be substituted the following;

“6. (1)Without prejudice to what is stated in the

proviso to regulation 4 of these regulations, for the

purposes of article 38(2) of the Act, the transferor and

the transferee shall be bound to give the information

therein specified by means of a written statement

containing all the information specified in article 38(2)

of the Act.”.

For regulation 7 of the principal regulations there shall be

substituted the following

“7. Without prejudice to what is stated in

the proviso to regulation 4 of these regulations, the

transferor and the transferee shall also be bound to

forward to the Director responsible for employment

and industrial relations, a copy of the written statement

mentioned in regulation 6 on the same day that these are

notified to the employees’ representatives.”.

€0.18