S.L. 452.85 · Transfer Of Business (Protection Of (S.L. 452.85)
S.L. 452.85 Art. 2Definition.
(1) For the purposes of these regulations -
"Act" means the Employment and Industrial Relations Act;
"service provision change" means a situation in which:
(i) activities cease to be carried out by a person, hereinafter referred to as a "client", on his own behalf and are carried out instead by another person on the client’s behalf, hereinafter referred to as a "contractor"; (ii activities cease to be carried out by a contractor on a client’s behalf, whether or not those activities had previously been carried out by the client on his own behalf, and are carried out instead by another subsequent contractor on the client’s behalf; or
(iii) activities cease to be carried out by a contractor or a subsequent contractor on a client’s behalf, whether or not those activities had previously been carried out by the client on his own behalf, and are carried out instead by the client on his own behalf; "transfer" means a transfer of an undertaking which retains its identity as an organised group of resources having the objective of pursuing an economic activity and shall include a service provision change in accordance with these regulations; "transferee" shall mean any natural or legal person who, by reason of a transfer, which includes a service provision change, becomes the employer in respect of the undertaking or part of the undertaking so transferred;
"transferor" means any natural or legal person who, by reason of a transfer of the undertaking or part of the undertaking, which includes a service provision change, ceases to be the employer in respect of the undertaking or part of the undertaking so transferred.
(2) Subject to the provisions of subregulation (1), terms and expressions used in these regulations shall, unless the context otherwise requires, have the meaning assigned to them in the Act.
Änderungsgeschichte
- Amended by L.N. 363 of 2012