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When that happens, because the employer (i.e. the original company) remains the same legal entity, all contractual obligations stay the same. The directive and regulations apply to other forms of transfer, through the sale of physical assets and leases. The regulations also apply in some cases for work transferred to contractors.
The Directive stipulates that any employee's contract of employment will be transferred automatically on the same terms as before in the event of a transfer of the undertaking. This means that if an employer changes control of the business, the new employer cannot reduce the employees' terms and conditions, unless the Directive's exception ...
A Letter of Understanding (LOU) is a formal text that sums up the terms of an undertakings of a contract which may have been negotiated up to this point only in spoken form or otherwise informally. It reviews the terms of an agreement for a service , a project or a deal and is often written as a step before a more detailed contract is issued.
An unfair labor practice (ULP) in United States labor law refers to certain actions taken by employers or unions that violate the National Labor Relations Act of 1935 (49 Stat. 449) 29 U.S.C. § 151–169 (also known as the NLRA and the Wagner Act after NY Senator Robert F. Wagner [1]) and other legislation.
Outsourcing is a business practice in which companies use external providers to carry out business processes, that would otherwise be handled internally. [1] [2] [3] Outsourcing sometimes involves transferring employees and assets from one firm to another.
Examples include requiring that employers do not act in an authoritarian manner, [70] do not call employees names behind their back, [71] do not treat workers unequally when upgrading pay, [72] do not run the company as a front for international crime, [73] or do not exercise discretion to award a bonus capriciously. [74]