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transfer of business - Transfer of Undertakings

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  • 19-06-2008 3:19pm
    #1
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭


    Hi,

    My company has been acquiered. The new company is i nthe process of integrating us.

    They have handed me a new contract. They changed my job title to something that is very known in the industry to something that doesnt exist anywhere. You cant tell what I do by reading the job title.

    The explanation is "we have match you with a code that we have in our company and we came up with this new job title"

    This is very unclear to me and it seems that I don't have a say in the matter. It is a case of "I understand you are not happy ... You are not obliged to sign ... " etc...

    - I do not understand why they change my job title when I know the one I have exists i ntheir company and the new one doesnt

    - I feel like it is a demotion

    - Their explanation is very hazy: what does "we match you with a code" mean.

    I have a deadline to sign this contract. Does anyone of you have any advise on what I could do to keep my job title?

    If I don't agree with it, are they obliged to extend the deadline? Or do I have to give a final answer by the deadline (take it or leave it)

    Is there anything in the Transfer of Undertakings regulation that could help me?

    Thank you.


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    #2
    Nody
    Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,315 CMod ✭✭✭✭Nody


    What they will do is declare that your position A is no longer due to the merge and offer you position B (new title) instead with slightly different worded work description. If you decide not to take position B then you have choosen not to remain employed by the company basically.


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    #3
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    Nody wrote: »
    What they will do is declare that your position A is no longer due to the merge and offer you position B (new title) instead with slightly different worded work description. If you decide not to take position B then you have choosen not to remain employed by the company basically.

    thanks.


    wow .. it means employees dont have any rights at all so...


    thanks for your answer.


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    #4
    mdebets
    Registered Users Posts: 1,747 ✭✭✭mdebets


    Nody wrote: »
    What they will do is declare that your position A is no longer due to the merge and offer you position B (new title) instead with slightly different worded work description. If you decide not to take position B then you have choosen not to remain employed by the company basically.

    That is not necessarily the case. The new employer is legally bound to take on the employees with their old contracts. They can however then dismiss people that are not longer needed.
    If they however change your contract substantially and you'll leave, it could be classed as unfair dismissal.
    You should talk to your Union, if they exist in the company, or to the National Employment Rights Authority.
    Have a look here and here.

    You should also have a look if your company followed all the rules about informing people abou the take-over, laid out in the second link, as it could mean that you could sue the company for some money, if they didn't follow the rules.


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