Transfer of Business (Protection of Employment)

L.N. 483 of 2014

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT

(CAP. 452)

Transfer of Business (Protection of Employment)

(Amendment) Regulations, 2014

IN exercise of the powers conferred by articles 38 and 48(2) of

the Employment and Industrial Relations Act, the Minister for Social

Dialogue, Consumer Affairs and Civil Liberties has made the

following regulations:-

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

(Protection of Employment) (Amendment) Regulations, 2014, and

these regulations shall be read and construed as one with the Transfer S.L. 452.85

of Business (Protection of Employment) Regulations, hereinafter

referred to as "the principal regulations".

In paragraph (b) of sub regulation (3) of regulation 3 of the Amends

principal regulations, the words "whether or not any property is regulation

the principal

transferred" shall be substituted by the words "whether or not any regulations.

property, movable or immovable, is transferred".

In the proviso to subregulation (2) of regulation 3A of the Amends

principal regulations, the words "any statutory bonuses and income regulation

the principal

supplements in terms of law which relate to the period in employment regulations.

with the transferor but payment of which becomes due on a date when

the employee is employed by the transferee, and payment for" shall

be deleted.

Immediately after regulation 3A of the principal Adds new

regulation 3B to

regulations, there shall be inserted the following new regulation

the principal

regulations.

3B. The transferor shall effect payment and

"Payments.

settle any dues owed to the employees affected by the

transfer in relation to the employment relationship

with the transferor in respect of any wages, pro rata

bonuses and weekly allowances due up to the end of

the relationship with the transferor, by the next pay

date falling immediately after the transfer of the

undertaking or part of the undertaking which would

have been the next pay date had the employees

concerned been still in an employment relationship

with the transferor.".

(1) In regulation 4 of the principal regulations, the

words "shall only apply to those undertakings that are being

transferred" shall be substituted by the words "shall only apply to

those undertakings or to those parts of undertakings that are being

transferred".

(2) In the proviso to regulation 4, the words "and shall be

provided by the transferor by the date of the transfer of business"

shall be substituted by the words "and shall be provided by the

transferor to the transferee within five working days from the date of

identification of the transferee or by the date of the transfer of

business, whichever is the earlier.".

€0.18