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SSD – Transfer to OHB. Human Resources. What happens to the employees?. Employees have the right to follow along in the transfer to the new employer The right to be transferred applies to everyone, including those with temporary employment and those who are ill or on parental leave
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SSD – Transfer to OHB • Human Resources
What happens to the employees? • Employees have the right to follow along in the transfer to the new employer • The right to be transferred applies to everyone, including those with temporary employment and those who are ill or on parental leave • The transfer occurs automatically • The transferring organisation (transferor) may not give notice of termination in connection with the transfer • It is not permitted to sign away the employees’ rights of transferral or to arbitrarily decide which employees shall be allowed to follow along or not • Employees may choose not to follow along to the new employer • If redundancies occur on account of employees who choose to stay, any ensuing terminations must take place in accordance with the regulations of the Employment Protection Act (LAS)
The Individuals’ Terms of Employment are also Transferred • The rights and obligations under contracts of employment and employment relationships that existed at the time of the transfer to the new employer, for example salary level and degree of employment, shall also be transferred and remain unchanged • Benefits which are not transferred to the new employer are those of a kind that the transferring organisation unilaterally provided for its own employees, for example the use of vacation homes • Employees who change employment as a result of the transfer from one employer to another may include the period of employment with the former employer in the calculation of the period of employment with the new employer.
The Collective Bargaining Agreement Affects the New Employer • The original employer (transferor) has a collective agreement in force but the • new employer (transferee) does not. • - The terms of the collective bargaining agreement is automatically transferred upon the transferor according to Section 28 of the Co-determination of the Workplace Act (MBL). • Additional information • Vacation Time-SSC and OHB have agreed to transfer the employees vacation time due, balance of working hours and flexitime to OHB • Union Negotiations • -SSC has negotiated with the labour union in Solna, which have accepted the transfer to OHB
The Transfer for SSD’s Employees • Transfer of vacation time due, balance of working hours, balance of flexitime • Flexitime and vacation days according to the same terms as those which currently apply • Occupational pension insurance • Optional group insurance
What Comes Next? • A letter including a form which should be signed will be sent to all employees involved in the transfer • Decisions must be notified by June 28, 2011 • Confirmation is given in the form of a new employment contract, OHB • Transfer to the new company occurs on July 1, 2011