Protection for employees affected by “restructuring” situations

Employees in restructuring situations are entitled to certain protections. “Restructuring situations” are situations where an employee’s work will be taken over by a different employer.

For most employees and their employers, employment agreements must contain a provision that describes what steps the employer will take to protect employees in restructuring situations. For more details, see “Most employees: protection in restructuring situations”.

Extra protections for a group of vulnerable workers

"Specified groups of employees" have the right to transfer to the new employer on their existing terms and conditions of employment. These specified groups of employees are employees who work in the following types of employment:

• cleaning services and food catering services in any place of work
• laundry services for the education, health, or age related residential care sector
• orderly services for the health, or age related residential care sector
• caretaking services for the education sector.

For more details see the following fact sheets:

Employees:

Are you a cleaner, food catering worker, orderly, laundry worker or caretaker?

Translated factsheets available in Maori [PDF 68kb], Samoan [PDF 91kb], Tongan [PDF 80kb], Hindi [PDF 73kb], Fijian [PDF 68kb], Tagalog [PDF 66kb].

Employers:

Does your business provide cleaning, food catering, orderly, laundry or caretaking services?

Disclosing employee transfer costs during a restructuring