Company want me sign new contract with "Employer of Record"

the goon · 07-03-2023 08:58PM #1

Hi, I wonder would anyone have experience of this. Working for same company for 10+ years. They are now looking to sell company and potential buyer does not have an Irish presence. As such they are saying that they want us to sign a new contract with an "Employer of Record" to facilitate this. They have said that tenure since original start date will be recognized but I am worried that if I sign this new contract and they turn around next year and make me redundant, my 10+years will be ignored and I will only be entitled to redundancy as of new start date on this revised contract.

Anybody who has been through this or guidance very much appreciated.

Nigel Fairservice · 08-03-2023 01:34PM

Probably best to take legal advice on it.

who what when · 08-03-2023 05:19PM

https://www.boards.ie/discussion/2058287300/company-want-me-sign-new-contract-with-employer-of-record

Just say no.

Cloudio9 · 08-03-2023 05:30PM

https://www.boards.ie/discussion/2058287300/company-want-me-sign-new-contract-with-employer-of-record

It sounds like they're not selling the company but are selling the "business". If they were selling the company you would still be employed with the company and the only change would be that the company has new owners.

Your rights should be protected under TUPE regulations and effectively you have continuity of service with another company as employer. The new contract should refer to your original start date. Your pay, benefits etc should not be impacted under TUPE regulations.

Is it a small company ? Your employer should be doing a better job of explaining this stuff.

If you refuse to transfer you are effectively resigning.

More details on TUPE here:https://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/contracts_of_employment/transfer_of_business.html

the goon · 09-03-2023 08:42AM

https://www.boards.ie/discussion/comment/120331269#Comment_120331269

Thanks very much for this, it's really helpful, especially re the business not the company being sold. This might also be why it has been so poorly communicated to date. Yes, this was a medium sized international company (+200 people in Ire) but gradually over the last few years bits of the business have been stripped and sold such that there are now less than 30 in Ireland. Lots of people have been made redundant over the last few years and so everyone is quite mistrusting of any communication at this stage, particularly wrt to signing new contract. Thanks again for this information.

helimachoptor · 09-03-2023 09:06AM

EoR is fine remote.com, Deel etc all do this around the world.

My concern would be that you wouldnt Tupe across, so any length of service, benefits etc will be null and void.

Seek legal advice

the goon · 09-03-2023 09:39AM

https://www.boards.ie/discussion/comment/120333487#Comment_120333487

Thanks for this. We haven't received contracts yet but they have confirmed there will be a clause within it referring to our tenure. Hopefully will be clear.

sliabh 1956 · 09-03-2023 09:53AM

https://www.boards.ie/discussion/comment/120331269#Comment_120331269

I think Cloudio 9 explained it well I had a similar experience last summer my company brought in an independent HR person to talk me through the process i actually changed a few conditions of my employment to my benefit . To date everything is going fine

the goon · 07-06-2023 10:15AM

Hi guys, just to follow up on this, the company signed with an Employer of Record in April but immediately there were issues and so transferred to another Employer of Record from May 10th, so we went through the contract process twice. It now turns out that the new company can't facilitate holidays accrued from Jan to April and an arbitrary decision was made to pay us in lieu of this holiday entitlement. Personally I am very disappointed as I would much rather retain my accrued leave. I didn't agree to this and wonder is it legal?

The whole thing has been handled atrociously to this point. An advice much appreciated!

c.p.w.g.w · 07-06-2023 10:23AM

https://www.boards.ie/discussion/comment/120685564#Comment_120685564

Would the WRC(Workplace Relations commission) be an option?

Company want me sign new contract with "Employer of Record"

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