Health (Miscellaneous Provisions) Act 2009
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Transfer of employees. |
45.— (1) Every person who, immediately before the commencement of this Part, is an employee of the Board shall, on such commencement, be transferred to and become an employee of the Executive. | |
(2) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a person referred to in subsection (1) shall not, on the commencement of this Part, be brought to less beneficial conditions of service (including conditions in relation to tenure) or of remuneration than the conditions of service (including conditions in relation to tenure) or remuneration to which he or she was subject immediately before the commencement of this Part. | ||
(3) The previous service of a person transferred under subsection (1) shall be reckonable for the purposes of, but subject to any exceptions or exclusions in: | ||
(a) the Redundancy Payments Acts 1967 to 2007; | ||
(c) the Protection of Employees (Fixed-Term Work) Act 2003 ; | ||
(d) the Organisation of Working Time Act 1997 ; | ||
(e) the Terms of Employment (Information) Acts 1994 and 2001; | ||
(f) the Minimum Notice and Terms of Employment Acts 1973 to 2005; | ||
(g) the Unfair Dismissals Acts 1977 to 2007; | ||
(h) the Maternity Protection Acts 1994 and 2004; | ||
(i) the Parental Leave Acts 1998 and 2006; | ||
(j) the Adoptive Leave Acts 1995 and 2005; | ||
(k) the Carer’s Leave Act 2001. | ||
(4) Any superannuation benefits awarded to or in respect of a person transferred under subsection (1) and the terms relating to those benefits shall be no less favourable than those applicable to or in respect of that person immediately before the commencement of this Part. | ||
(5) The pension payments and other superannuation liabilities of the Board in respect of its former employees become on the commencement of this Part the liabilities of the Executive. | ||
(6) A person referred to in subsection (1) shall be subject to and employed in accordance with the Health Acts 1947 to 2008. | ||
(7) In this section “ recognised trade union or staff association ” means a trade union or staff association recognised by the Executive for the purposes of negotiations which are concerned with the remuneration or conditions of employment, or the working conditions of the persons concerned. |