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What happens to employee entitlements on a transfer of business?
Under the Fair Work Act 2009, there is no obligation on employers to notify their employees of a transfer of business or what workplace instrument will apply. However, employees should be consulted if they are going to transfer to the new employer.
Generally, where there is a transfer of employment, service with the old employer counts as service with the new employer. However, there are exceptions to this general principle. When a new employer is not an associated entity of the old employer, they may decide not to recognise a transferring employee’s previous accumulated service for annual leave or redundancy pay under the National Employment Standards (NES) that now apply.
Given this, the old employer may be under an obligation to pay the affected employees their accrued entitlements (such as annual leave or redundancy).
If the employee has already received entitlements based on service from the old employer, that service is not counted again in determining entitlements with the new employer. For example, if payment in lieu of notice of termination is given by the old employer, the period of notice for any subsequent termination by the second employer is not calculated based on service with the old employer.
All new employees must be given a Fair Work Information Statement . This statement contains information about the effect on an employee’s entitlements when they are subject to a transfer of business.
以上是摘抄fairwork上面关于transfer of business的, 具体lz可以去网站看或者打电话直接问 |
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