What Is Tupe Transfer?
- 1 What happens when you TUPE?
- 2 Does TUPE apply in Netherlands?
- 3 Is TUPE a good thing?
- 4 Can I work for a UK company and live in the Netherlands?
- 5 Can I work in the Netherlands for a UK company?
- 6 Can I say no to Tupe?
- 7 What is the TUPE process in Germany?
What happens when you TUPE?
TUPE protection – TUPE applies to employees of businesses in the UK. The business could have its head office in another country, but the part of the business that’s transferring ownership must be in the UK. The size of the business does not matter. When TUPE applies:
the employees’ jobs usually transfer over to the new company – exceptions could be if the employees are made redundant or in some cases where the business is insolvent their employment terms and conditions transfer continuity of employment is maintained
What is TUPE in the EU?
What is TUPE? – transfer regulations are designed to safeguard employees’ rights when the organisation or service they work for transfers to a new employer. This transfer can occur due to a business being sold, outsourced, or when a contract for services is moved from one provider to another.
Does TUPE apply in Netherlands?
Criteria of TUPE under Dutch law It is not always plain and clear whether a situation is related to a transfer of undertaking within the meaning of Dutch labour law. In case of a sale of all business activities, this is clearly a transfer of undertaking.
What do you mean by TUPE?
As an abbreviation, TUPE means the Transfer of Undertakings (Protection of Employment).
Is TUPE a good thing?
What is TUPE? – TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations and its purpose is to protect employees if the business in which they are employed changes hands. Its effect is to move employees and any liabilities associated with them from the old employer to the new employer by operation of law.
What happens if I don’t accept TUPE?
Key points –
Where there is a TUPE transfer, employees who do not wish to transfer to the new employer are entitled to refuse to do so. Where an employee refuses to transfer, their employment with the transferor comes to an end. Generally, the employee is not treated as having been dismissed but there are certain circumstances in which they can claim unfair dismissal. Although there is no specified manner in which an employee must refuse to transfer, it is sensible for the transferor to obtain the employee’s refusal in writing.
Can I work for a UK company and live in the Netherlands?
National insurance and social security contributions – National Insurance-type contributions (NIC) are called ‘social security contributions’ (SSC) in the Netherlands. Find out if you need to pay National Insurance in the UK or social security contributions in the Netherlands.
- If you plan to move to the Netherlands and work, even if you continue working for a UK-based company, you and your employer may need to pay social security contributions in the Netherlands.
- These social security contributions would entitle you to certain benefits, such as healthcare, in the Netherlands.
Read guidance on National Insurance for workers from the UK working in the EEA or Switzerland You can also check your UK National Insurance record,
Can I work in two companies in Netherlands?
Ancillary activities – You cannot prohibit your employee from simultaneously working somewhere else (ancillary activities, ‘nevenwerkzaamheden’ in Dutch). You can only do so if an objective justification exists, such as:
there is a risk to health and safetyyou need to protect confidential company informationthere is a risk to the integrity of government servicesthe employee is in violation of a legal regulationyou want to prevent conflicts of interests
Can I work in the Netherlands for a UK company?
Work remotely in the Netherlands | Possibilities explained Do you want to do remote work in the Netherlands? For example, when you move to the Netherlands because your spouse has a new job there. You may be able to keep your current job by working remotely from the Netherlands.
You can work remotely from the Netherlands for any company in the world. And you are completely covered by all Dutch employee benefits. can help you work remotely in the Netherlands completely legal and compliant, Working remotely has become more and more popular in recent years, as technology has made it easier than ever to stay connected no matter where you are.
And with the rise of digital nomads and the gig economy, more and more people are choosing to work remotely on a full- or part-time basis. If you’re considering working remotely from the Netherlands, there are a few things you need to know. In this article, we’ll explain what your options are and what you need to do in order to make it happen.
You might be wondering, how can I work and stay legally in the Netherlands, when you (still) work for your employer that is not in the EU? Don’t you need a Dutch (or EU) employer to get a residence and work permit? Well, that is where comes in place. We will be the intermediary and act as your local employer.
We will set up the contracts with your place of work and explain the details. An might be a new term for you, but don’t worry, it is a fully established process. An Employer of Record is a company that employs employees on behalf of another company, In most cases, the client company will be based in a different country than the employee.
- The will therefore handle all employment-related matters such as,
- Working remotely from the Netherlands for a company based in another country is possible.
- This arrangement can be beneficial for both the employee and the employer, as it allows the employee to work in their desired location whilst still being employed by the company.
It also means that the employer does not have to set up a new company in the Netherlands. If you work on Dutch soil, you must follow Dutch regulations, When you work with Dutch Employer of Record, we will make sure that everything is in order and compliant with both Dutch and international regulations.
We will assess if you can work as a contractor or as an employee under Dutch regulations. Another benefit of working remotely in the Netherlands with the help of Dutch Employer of Record is that you are completely covered by Dutch employee benefits. This includes things like health insurance, paid leave, and pension.
We will cover IP, tax, NDA and anything your employer may require. You will receive a Dutch payslip and all employer documentation required for example for renting or buying a house in the Netherlands. Dutch Employer of Record can help you with all of this.
We are a company that specializes in employing employees on behalf of other companies. We will employ you on behalf of your company, meaning that your company can remain based in another country. We will also handle all employment-related matters such as payroll, contracts, and insurance. If you’re interested in working remotely from the Netherlands, we can help you make it happen.
Set up a profile or today to find out more! We also help with the, and work /residence permits in the Netherlands. : Work remotely in the Netherlands | Possibilities explained
What is another name for TUPE?
A transfer of undertakings (also known as TUPE) is where employees are transferred to another employer as part of a legal merger or sale of the business.
Is TUPE a European law?
External links –
- Text of the Acquired Rights Directive 77/187/EEC (repealed)
- Text of the Acquired Rights Directive 2001/23/EC (in force)
- National execution measures of Directive 2001/23/EC
- Summary of Directive 2001/23/EC
- Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246). Also in pdf format
- TUPE research, guidance and factsheet, Chartered Institute of Personnel and Development (CIPD)
- DBERR’s guidance on the Regulations
- Employers guide to TUPE
- Personnel Today’s TUPE resource
Can I say no to Tupe?
Does an employee have to agree to TUPE? No, you can object to a TUPE transfer if you wish. TUPE was introduced to protect employees’ rights when the business they work for is sold or transferred to a new owner. Without TUPE, employees would have been made redundant at the point of the sale or transfer.
Does TUPE protect employees?
What a TUPE transfer is – TUPE regulations protect your rights as an employee when you transfer to a new employer. TUPE stands for Transfer of Undertakings (Protection of Employment). A ‘TUPE transfer’ happens when:
an organisation, or part of it, is transferred from one employer to another a service is transferred to a new provider, for example when another company takes over the contract for office cleaning
You may be affected by a TUPE transfer if:
you’re transferring from your current employer to a new employer other employees are transferring to a new employer but you stay employed with your current employer and do not transfer other employees have been transferred to the organisation you work for
How much is redundancy pay?
You’ll normally be entitled to statutory redundancy pay if you’re an employee and you’ve been working for your current employer for 2 years or more. You’ll get:
half a week’s pay for each full year you were under 22 one week’s pay for each full year you were 22 or older, but under 41 one and half week’s pay for each full year you were 41 or older
Length of service is capped at 20 years. Your weekly pay is the average you earned per week over the 12 weeks before the day you got your redundancy notice. If you were paid less than usual because you were ‘on furlough’ because of coronavirus, your statutory redundancy pay is based on what you would have earned normally.
What is TUPE in Germany?
Germany – Fifteen common employment law misconceptions: Part One – Ius Laboris Germany does not have a legal code in which all employment law is collated. Instead, the regulations relevant to employment relationships are scattered across a wide range of legislation, from the General Equal Treatment Act via the Federal Holiday Act, the Dismissal Protection Act and the Civil Code, even extending to the Collective Bargaining Act.
In addition, in view of the numerous vague legal concepts and the lack of codification of important areas of employment law, the labour legislation system has developed its own regulations and institutions. For these reasons, there are many misconceptions relating to German labour law that instead of being critically examined, tend to be simply passed on by ‘word-of-mouth’.
This series aims to uncover and clarify frequently occurring legal errors. Employment law regulations are difficult for non-lawyers to find and to understand. This leads to frequent legal errors in almost all areas. These can include issues relating to claims for compensation from dismissed employees, the duty to tell the truth at interviews and the number of warnings required before giving notice of termination.
They can also relate to the formal requirements relating to the conclusion or termination of an employment contract, protection from dismissal without a probationary period, the payment of overtime, the time limit for bringing legal action and who bears the cost of proceedings before the labour courts.
In this series we will be presenting and clarifying what in our experience are the 15 most frequent employment law misconceptions. In this first part, we tackle common errors 15 to 13, relating to the rules on duration of employment contracts following the transfer of a business, payment for overtime and employee’s ‘side jobs’.
- After a transfer of an undertaking, employment contracts only remain valid for one year Not true! After the transfer of undertaking (TUPE) the transferee enters into the rights and obligations arising from the employment relationships existing at the time of the change of ownership.
- There is no time limit on this.
However, the law does not prohibit an employee and the transferee from agreeing individually on a change in the continuing working conditions, such as weekly working hours or remuneration, after TUPE. Only works agreements and collective bargaining agreements that are transformed as a result of the transfer of the business and which do not continue to apply under collective law are protected for one year.
There is no comparable protection for individual contractual provisions. This means that the parties to the employment agreement can change the working conditions regulated in it both before and after TUPE. The transferee and the employee can also conclude new employment agreement, but there is no obligation to do so.
Overtime must always be paid Not true! There is no general principle of law according to which all additional work or presence on company premises outside of regular working hours must be remunerated (Federal Labour Court, judgement of 21.9.11 – 5 AZR 629/10, NZA 12, 145, 148).
An employee only receives overtime pay if the employment agreement or a collective bargaining wage agreement applicable to the employment relationship include a provision under which the obligation to pay overtime arises. If there is no such express provision, the employee may base a claim on Sec.612 para.2 German Civil Code.
This provision specifies that overtime pay is regarded as having been tacitly agreed if, in view of the circumstances, the work would only be executed because the worker expects to be paid. This objective expectation of remuneration (required under Sec.612 para.2 Civil Code) may be regarded as a matter of course in large parts of working life.
- However, as stated above, there is no general legal principle according to which every hour of overtime must be paid.
- The expectation of remuneration must always be determined on the basis of an objective standard, taking into account common practice, the nature, scope and duration of the service provided, and the position of the parties in relation to each other.
It is not determined on the basis of personal opinion. According to general principles, the employee bears the burden of proving there is an expectation of payment. Second jobs always require the main employer’s approval Not true! In principle, an employer does not have to give approval for an employee’s second job.
However, the employee is obliged to report a planned secondary working activity if the interests of the employer could be affected (Federal Labour Court 18.1.96, NZA 97,41). This is the case, for example, if the employee wants to take up an activity that is in competition with the main employer’s business (Federal Labour Court 13.3.03 – 6 AZR 585/01, NZA 03, 976).
A duty of disclosure agreed in the employment contract, according to which all side employment is to be notified to the employer or approved by the employer, is permissible (Federal Labour Court 11.12.01 – 9 AZR 464/00, NZA 02, 965). However, such a provision only serves to enable the employer to check whether the activities in question could be contrary to the interests of the business.
This means an employee has the right to have their second job approved if it does not conflict with company interests (Federal Labour Court 11.12.01). Caution! Please note, however, that in contrast to employees working in the private sector, civil servants are required by law to obtain approval for secondary working activities (§ 42 of the Civil Service Framework Act (BRRG), § 64 et seq.
of the Federal Civil Service Act and the corresponding provisions of the State Civil Service Acts). Conclusion In conclusion, the first part of this series on popular legal misconceptions in employment law demonstrates that:
The protection of existing rights after TUPE depends on the nature of the right in question and the validity of employment contracts following TUPE is not limited to one year. Overtime need not always be paid. Second jobs do not always require the main employer’s consent.
: Germany – Fifteen common employment law misconceptions: Part One – Ius Laboris
What is the TUPE process in Germany?
TUPE Germany: Notice of Termination by Employees Will a notice of termination by an employee prior to a potential TUPE situation be deemed a circumvention of the German TUPE rules? The answer is: It depends. The general TUPE rules in Germany are the following: If a purchaser takes over control of an entity by way of a legal transaction, the relevant employments transfer to the purchaser provided that the employees concerned do not object to the transfer.
Dismissals by reason of the transfer of the undertaking are invalid. However, dismissals for other reasons remain possible.E.g. if an employee objects to the transfer because his/her position will cease to exist at the seller’s company, the seller may dismiss the employee for business reasons. In a recent decision, the had to decide whether the following situation should be deemed a circumvention of the prohibition on dismissal of employees by reason of a transfer.
An employer caused the employees to give notice of termination. Then the business was transferred to a purchaser and the purchaser employed some of the employees who had given notice before. As a result the TUPE rules did not apply. The court decided that such notice of termination by employees and the subsequent recruitment of some of them by the purchaser should not be deemed to be a circumvention of the TUPE rules if neither the seller nor the purchaser promised employment at the purchaser’s to the employees.
- However, in the event that the employees could be certain of employment by the purchaser after the transfer of the business, the situation would be deemed a circumvention of the TUPE rules.
- The same applies if the seller and the employee agree on a termination agreement prior to the transfer.
- In a nutshell: If the seller and purchaser are uncertain whether the purchaser will (be able to) take over the employees, they have the option to agree on termination with the employees, or to cause the employees to give notice of termination themselves prior to the transfer of business.
However, such a procedure must be evaluated in the particular circumstances of the given situation and in any case any communication about possible employment by the purchaser must be avoided. : TUPE Germany: Notice of Termination by Employees