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Section : Meaning of transfer of employment etc.
Domain : Human Resource Management
Classification : Not Identified
Text Content
(7) There is a transfer of employment of a national system employee from one national system employer (the first employer ) to another national system employer (the second employer ) if: (a) the following conditions are satisfied: (i) the employee becomes employed by the second employer not more than 3 months after the termination of the employee's employment with the first employer; (ii) the first employer and the second employer are associated entities when the employee becomes employed by the second employer; or (b) the following conditions are satisfied: (i) the employee is a transferring employee in relation to a transfer of business from the first employer to the second employer; (ii) the first employer and the second employer are not associated entities when the employee becomes employed by the second employer. Note: Paragraph (a) applies whether or not there is a transfer of business from the first employer to the second employer. (8) A transfer of employment: (a) is a transfer of employment between associated entities if paragraph (7)(a) applies; and (b) is a transfer of employment between non-associated entities if paragraph (7)(b) applies.