This letter describes the purpose of the TUPE rules, which are covered by the rules, the position of employer and worker in the event of transfer, dismissal and union recognition. The above-mentioned problems and commitments that may arise should be addressed by the parties through a trade agreement governing or having the effect of transferring the transaction. In the event of a transfer of part of a company, the former employer may have a reduced need for remaining staff as a result of a transfer of TUPE. For example, it may be necessary to reduce the number of employees or staff. It will be necessary to include the staff of the former employer proposed for dismissal in a consultation procedure on dismissal. There are two types of severance pay: legal and non-legal. After a transfer, a new employer must close part of a business because it is not functioning. This means that the company does not need employees with a specific skill and therefore makes an employee redundant. The worker may be entitled to severance pay. In the case of non-legal severance pay, it is usually offered to people who have been made redundant but without a two-year train or will be offered to you in addition to your legal compensation (possibly as an incentive by voluntary dismissal). The nature of some layoffs means that you may be offered an alternative role instead of losing your job and your employer should check, in a layoff situation, if there are other positions for you. There is usually no obligation for your employer to „push“ you into another role, but it is often requested by employees who are potentially fired or contemplated by an employer who may lose an employee by firing whom they would otherwise like to retain. Nevertheless, failure to consider dumping can make a dismissal unfair, so your employer should normally consider this issue when you are told that you are threatened with dismissal.
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 effect of TUPE is that workers are automatically transferred to the transferred employer, whether or not that employer needs them. If the transfer results in a situation of dismissal, for example. B where the transferee has more workers than he needs to perform the work, the transferring employer is responsible for carrying out the redundancy process and for paying severance pay. Depending on the circumstances, a fair dismissal procedure may require the buyer to contract employees of its existing employees in a redundancy pool with the transferred employees. . . .