Turf Development Act, 1998
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Staff of subsidiaries. |
46.—(1) Subject to subsection (3), each subsidiary shall appoint such, and such number of, persons to be members of its staff as it may determine. | |
(2) The remuneration and the other terms and conditions of employment of the staff of each subsidiary shall be such as the Company may determine. | ||
(3) Every person who, immediately before the transfer day in relation to a subsidiary, is a member of the staff of the Company and who is designated by the Company for employment by the subsidiary shall, on the transfer day, or with effect from such later day as the Company may, as occasion requires, appoint in that behalf, become and be a member of the staff of that subsidiary. | ||
(4) Save in accordance with an agreement negotiated with any recognised trade union or staff association concerned, a person referred to in subsection (3) shall not, while in the service of a subsidiary, be made subject to conditions of service (including conditions relating to tenure of employment and remuneration) that are less favourable to the person than those to which he or she was subject immediately before the transfer day. | ||
(5) Until such time as the scales of pay and conditions of service of the members of the staff of a subsidiary to whom subsection (3) applies are varied by the subsidiary following consultation and after agreement with recognised trade unions, the scales of pay by reference to which they were remunerated and the conditions of service, restrictions, requirements and obligations to which they were subject immediately before the transfer day shall continue to apply to them. | ||
(6) In relation to persons transferred to a subsidiary under subsection (3), previous service as a member of the staff of the Company shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the Redundancy Payments Acts, 1967 to 1991, the Organisation of Working Time Act, 1997 , the Minimum Notice and Terms of Employment Acts, 1973 to 1991, and the Unfair Dismissals Acts, 1977 to 1993. | ||
(7) A member of the staff of a subsidiary shall be deemed, for the purposes of the Worker Participation (State Enterprises) Acts, 1977 to 1993, to be an employee of the Company. |