S.L. 452.85 Art. 6Duty of transferor and transferee to inform employees’ representatives.

(1) Without prejudice to what is stated in the proviso to regulation 4, for the purposes of article 38(2) of the Act, the transferor and the transferee shall be bound to give the information therein specified by means of a written statement containing all the information specified in article 38(2) of the Act.

(2) The written statement mentioned in the preceding subregulation is to be delivered to the employees’ representatives at least fifteen working days before the transfer is carried out or before the employees are directly affected by the transfer as regards their conditions of work and employment, whichever is the earlier.

(3) The obligations laid down in article 38(2) of the Act and in the preceding subarticles shall apply irrespective of whether the decision resulting in the transfer is taken by the employer or an undertaking controlling the employer.

(4) In considering alleged breaches of the information and consultation requirements laid down in these regulations, the argument that such a breach occurred because the information was not provided by an undertaking controlling the employer shall not be accepted as an excuse.