Common use of PROTECTION OF EMPLOYEES AFFECTED BY THE TRANSFER OF BUSINESS Clause in Contracts

PROTECTION OF EMPLOYEES AFFECTED BY THE TRANSFER OF BUSINESS. (Aca&Gen) Where the employer is proposing a restructuring (as defined by section 69L of the Employment Relations Act 2000) that would, if it occurs, involve the transfer to another employer of the work performed by the employee, the employer will negotiate with the other employer (the transferee) about options that may exist for the employee to transfer employment to the transferee. The negotiations will include discussions on the possible terms of employment the transferee may consider offering to the employee, including the possibility of offering the same terms and conditions of employment. Employees will have the option of accepting or declining any offer. If the offer is declined, or if an offer is not made, the provisions of this part will apply. However, if an employee accepts an offer of employment on the same or no less favourable conditions of employment, with recognition of continuous employment, the employee will not be entitled to any severance payment.