Collective agreements in force at the time of the transfer are also transferred to the new employer. These include terms of employment negotiated through collective bargaining and broader labour relations. For example, the collective dispute procedure, school leave, training of union representatives, negotiated redundancy procedures or workplace safety regimes and flexible work regimes. All union recognition is transferred to the new employer. The union will obtain the approval of the new employer to continue the recognition. Yes, you may be fired and new amendments to the TUPE law have allowed you to be dismissed before the rebate, i.e. the new organization may decide that it does not need all employees of the existing organization and that redundancy boards take place with the existing organization. For this not to be unfair, there must be “an economic, technical or organizational reason that leads to changes in the staff” If your new employer does not meet the contractual terms, it may be a violation of an employment contract. As a worker, your right to leave is also protected, as are all previously concluded collective agreements. You also keep your permanent job, even if you have been transferred to a new employer.
There are limited circumstances under which it is possible to change the conditions under which the terms of a collective agreement (i.e. negotiated through a union) are allowed, provided that the amendment takes effect more than one year after the date of the transfer and that the various conditions “when viewed together” are no less favourable to workers. But in practice, it`s quite rare. Under the TUPE, the terms of employment of a transferred employee cannot be changed if the only or main reason for the change is the transfer. This means that the new employer could acquire a considerable number of new workers, all of whom have different terms and conditions than the existing workers of the new employer.