Policy information
Transfer of Undertakings
From Department of Enterprise, Trade and Employment
Published on
Last updated on
From Department of Enterprise, Trade and Employment
Published on
Last updated on
The holders of all employment permits may change employers where a transfer of employment has taken place under the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (SI No 131 of 2003).
Where, due to a transfer of undertaking, the employer’s name changes, the employer (whose name is on the existing Employment Permit) must complete and send into the Department of Enterprise, Trade and Employment the prescribed Notification of Change of Name of Employer under the Employment Permits Act 2006 (as amended) Transfer of Undertaking Form.
Where the change of name is pursuant to a transfer of undertaking, and it is confirmed that the terms, conditions, description and location/s of employment as specified on the existing employment permit remain the same, the Department of Enterprise, Trade and Employment will issue a new permit to the permit holder/s and certified copy/ies to the new employer.
Failure to notify the Department of a transfer of undertaking could affect any application for renewal.
The holders of Intra-Company Transfer Employment Permits may change employers or carry out duties for a different connected person where a transfer of employment has taken place under the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (SI No 131 of 2003).
Where, due to a transfer of undertaking, there is a change of name in the foreign employer (if within the EEA) or the connected person, the foreign employer or connected person (that is, the organisation named on the existing employment permit) must arrange for the completion and submission to the Department of Enterprise, Trade and Employment the prescribed Transfer of Undertaking Form.
Where the change of name is pursuant to a transfer of undertaking, and it is confirmed that the connection, terms, conditions, description and location/s as specified in the existing employment permit remain the same, the Department of Enterprise, Trade and Employment will issue a new permit.
Failure to notify the Department of a transfer of undertaking could affect any application for renewal.
The holders of Contract for Services Employment Permits can change employers or perform the duties arising out of the contract for a different relevant person where a transfer of employment has taken place under the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (SI No 131 of 2003). As the relevant person’s name is also on the employment permit in force, the Department of Enterprise, Trade and Employment is also required to be informed by the contactor where a transfer of employment takes place in the relevant person (that is, person in the State with whom a contractor has entered into a contract of service).
Where, due to a transfer of undertaking, there is a change of name in the contractor (if within the EEA) or relevant person, the contractor (whose name is on the existing employment permit) must complete the prescribed Transfer of Undertaking Form and send it to the Department of Enterprise, Trade and Employment.
Where the change of name is pursuant to a transfer of undertaking, and it is confirmed that the contract service agreement, terms, conditions, description and location/s as specified on the existing employment permit remain the same, the Department will issue a new permit.
Failure to notify the Department of Enterprise, Trade and Employment of a transfer of undertaking in the contractor or relevant person could affect any application for renewal.