Commentary

235.3 Employee’s right to object to the transfer of his contract

BUSINESSES vol 4(2) start-up, sale and purchase

235.3 Employee’s right to object to the transfer of his contract

235.3 Employee’s right to object to the transfer of his contract

Any employees employed in the ‘organised grouping’ immediately before the transfer will automatically become employees of the transferee1. An employee however has the right to object to the automatic transfer of his contract of employment if he so wishes, provided that he informs either the transferor or the transferee of his objection2. If he does so, his objection will terminate his contract of employment. An employee should think long and hard before he objects in this way, since he will not be treated as having been dismissed by either

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