Medical Practitioners Act 2007

99.

Transfer of staff.

99.— (1) Every person who, immediately before the transfer day, was an officer or servant of the Postgraduate Medical and Dental Board is transferred to, and becomes a member of, the Health Service Executive’s staff on the transfer day.

(2) Except in accordance with a collective agreement negotiated with a recognised trade union or staff association, a person transferred under this section is entitled, while in the Health Service Executive’s service, to be employed on conditions of employment no less favourable than those to which that person was entitled immediately before the transfer day.

(3) The previous service of a person transferred under this section with the Postgraduate Medical and Dental Board is to be counted as service for the purposes of, but subject to any exceptions or exclusions in—

( a) the Redundancy Payments Acts 1967 to 2003,

( b) the Protection of Employees (Part-Time Work) Act 2001,

( c) the Organisation of Working Time Act 1997,

( d) the Minimum Notice and Terms of Employment Acts 1973 to 2005,

( e) the Unfair Dismissals Acts 1977 to 2005,

( f) the Carer’s Leave Act 2001,

( g) the Parental Leave Acts 1998 and 2006.

(4) Any superannuation benefits awarded by the Executive to or in respect of a person transferred under this section, and the conditions relating to those benefits, are to be no less favourable than those applicable to or in respect of that person immediately before the transfer day.

(5) In this section—

“conditions of employment” includes conditions in respect of remuneration and related matters;

“recognised trade union or staff association” means a trade union or staff association recognised by the Health Service Executive for the purposes of negotiations that are concerned with the conditions of employment or working conditions of employees.