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Dealing with the [[Transfer of Undertakings (Protection of Employment) Regulations]], which are designed to protect employees' rights when the business they work for is transferred to a new employer and implemented to comply with the European Union's ''Acquired Rights Directive'', expect a term confirming there is no employment, and if the MSA is terminated, there is no transfer of employment obligations to the client. Belts and braces FAOD stuff. | Dealing with the [[Transfer of Undertakings (Protection of Employment) Regulations]], which are designed to protect employees' rights when the business they work for is transferred to a new employer and implemented to comply with the European Union's ''Acquired Rights Directive'', expect a term confirming there is no employment, and if the MSA is terminated, there is no transfer of employment obligations to the client. Belts and braces FAOD stuff. | ||
You may see an [[indemnity]] for costs the customer incurs if it does have to take on (and then make redundant) employees are a result of unwanted TUPE activation. This is probably fair, and the sort of thing indemnities were designed for, since it obliges an innocent party to incur a cost it was not expecting and does not really deserve and which arose in the absence of a breach of contract (you can’t really call the invocation of TUPE against the parties’ wishes a “breach”, as such). |