S.L. 452.85 Art. 5Safeguarding of employees’ rights. Cap. 318.

(1) For the purpose of these regulations, article 38(1) and

(3) of the Act shall apply in relation to employees’ rights to old age, invalidity or survivors’ benefits under supplementary company pension schemes outside the provisions of the Social Security Act.

(2) The transfer of the undertaking, business or part of the undertaking or business shall not in itself constitute sufficient grounds for dismissal of employees by the transferor or the transferee:

Provided that this provision shall not stand in the way of dismissals that may take place for economic, technical or organisational reasons entailing changes in the workforce.

(3) Whenever a transfer which involves a substantial change in working conditions to the detriment of the employee results in the termination of the contract of employment, the employer shall be regarded as having been responsible for such a termination.

(4) If the undertaking, business or part of an undertaking or business preserves its autonomy, the status and function of the employees’ representatives of the employees affected by the transfer shall be preserved on the same terms and subject to the same conditions as existed before the date of the transfer.

(5) If the term of office of the representatives of the employees affected by the transfer expires as a result of the transfer, the representatives shall continue to be considered and recognised as such and enjoy the protection provided by the Act until such a time as a new representative is in place.