Employment and Industrial Relations Act (Cap. 452), article 38

38. (1) When a business or other u ndertaking is taken over, in whole or in part by a person (hereinafter in this article refer red to as the "transferee") from any employer (hereinafter in this articl e referred to as the "transferor") any employee in the employment of the transferor on the date of tr ansfer of the undertaking shall be deemed to be in the employment of the transferee and the transf eree shall take on all the rights and obligations which the transfer or has towards the employee. (2) The transferor and the transferee shall inform the employees’ representatives of th eir respective employees affect ed by the transfer with: (a) the date or proposed date of the transfer; (b) the reasons for the transfer; (c) the legal, economic and social implications of the transfer for the employees; and (d) the measures envisaged in relation to the employees. (3) Following the transfer, the transferee shall continue to observe the terms and conditions agreed in any collective agreement on the same terms appli cable to the tran sferor under that agreement, until the date of termination or expiry of the colle ctive agreement or the entry into force or application of another collective agreement. Cap. 386. (4) Sub-articles (1) and (3) shall not apply to any transfer of an undertaking, business or part of an undertaking or business whe re the transferor is the subject of bankruptcy proceedings or in a winding up by the Court in accordance with the provisions of th e Companies Act or other insolvency proceedings which have been instituted with a view to the li quidation of the assets of the transferor and are under the supervision of a court appointed liquidator. (5) The Minister may make regul ations prescribing the manner in which consultations between the employer and the employees’ representatives are to take place; the procedure to be adopted; the categories or classes of employment or undertakings that are exempted from the effects of thi s article and any other matter that is related or ancillary thereto. (6) Any person who fails to comply with the provisions of this article or of any regulations m ade thereunder s hall be guilty o f an offence against this Act. 32 CAP. 452.] EMPLOYMENT AND INDUSTRIAL RELATIONS Employees excluded from operation of articles 36, 37 and