S.L. 452.85 Art. 3ARights, powers, obligations, etc., after transfer.

(1) After a transfer, the contract of employment of each person employed by the transferor shall have effect as if originally made between the person so employed and the transferee.

(2) On the completion of a transfer, all the transferor’s rights, powers, obligations and liabilities under or in connection with any contract of employment referred to in sub-regulation (1) shall be transferred to the transferee: Provided that the transferor shall be civilly liable to reimburse the transferee for the payment of the pro rata annual leave entitlement not availed of during employment with the transferor in respect of the period during which the transferor was the employer, whilst the transferor shall have the civil right to be reimbursed by the transferee in respect of any annual leave which had been granted to the employee by the transferor prior to the date of transfer which was in excess of the pro rata entitlement of annual leave till the date of transfer: Provided further that in the case where employees who were employed in the business or part of the business to be transferred have been made redundant prior to a transfer of business which would have otherwise resulted in the transfer of their employment with the transferee, the transferee has an obligation to re-employ, with the same conditions of employment, such employees if their previous posts become available within one year from the notice of redundancy according to and in terms of article 36 of the Act and the transferor shall provide all the necessary information in order for the transferee to be able to abide by this requirement.