Agricultural and Food Supply Chain Act 2023
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Transfer of staff to regulator | ||
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38. (1) The Minister may comply with a request of the chief executive, made within the period of 24 months beginning with the establishment day, to transfer to the regulator the employment of a person employed in a Department of State or by a public authority. | ||
(2) A transfer— | ||
(a) is to be made by direction in writing, and | ||
(b) may be made only with the consent of the person to be transferred. | ||
(3) The chief executive may make a request under subsection (1) only with the concurrence of the regulator. | ||
(4) The conditions of employment of a person whose employment is transferred under this section are to be no less favourable than those applicable to the person immediately before the transfer, except in so far as a collective agreement negotiated with a recognised trade union or staff association of which the person is a member expressly provides otherwise. | ||
(5) If any dispute arises between a person whose employment is transferred under this section and the regulator as to the conditions of employment applicable to the person immediately before the transfer, the Minister shall determine the dispute. | ||
(6) If a person’s employment is transferred under this section, the person’s previous service with a Department of State or public authority is to be counted as service for the purposes of the following Acts of the Oireachtas: | ||
(a) the Redundancy Payments Acts 1967 to 2022; | ||
(c) the Protection of Employees (Fixed-Term Work) Act 2003 ; | ||
(d) the Minimum Notice and Terms of Employment Acts 1973 to 2005; | ||
(e) the Unfair Dismissals Acts 1977 to 2015; | ||
(f) the Terms of Employment (Information) Acts 1994 to 2014; | ||
(g) the Organisation of Working Time Act 1997 ; | ||
(h) the Parental Leave Acts 1998 to 2019; | ||
(i) the Carer’s Leave Act 2001 ; | ||
(j) the Maternity Protection Acts 1994 and 2004; | ||
(k) the Adoptive Leave Acts 1995 and 2005; | ||
(l) the Paternity Leave and Benefit Act 2016 ; | ||
(m) the Parent’s Leave and Benefit Act 2019 . | ||
(7) In this section, “recognised trade union or staff association” means a trade union or staff association recognised by the regulator for the purposes of negotiations which are concerned with the remuneration or conditions of employment or the working conditions of employees. |