Retaining rights and obligations
A ‘transfer of undertaking’ applies when a business is transferred to a third party by means of a contract — for example, a sale, hire or lease contract — and the business retains its identity after the transfer. This means that the transferee continues running the business or resumes running it after a brief period of interruption.
In the transfer of undertaking, all the verbal and written agreements in the employees’ employment contracts pass by law to the transferee. That applies not just to the terms and conditions in the employment contract but also to the terms and conditions in the collective labour agreement, whether mandatory or otherwise.
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