At present they are regarded as static and any post transfer negotiations are not deemed to apply to the transferred employees, as the new employer is not a party to the negotiations. The Parkwood Leisure case has now been referred to the European Court of Justice, so a final decision on this point is expected.
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Collective agreements after a TUPE transfer - are they static or dynamic?
- Steptoe & Johnson LLP
- United Kingdom
- March 12 2012
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Siphokazi Cilibe
Contracts Manager
PHD, a division of The Fuel Logistics Group (Pty) Ltd