Employee liability information

At least 28 days before the transfer date, the outgoing employer must give the incoming employer specific information about the transferring employees, called “employee liability information”. This requirement was introduced to address problems encountered in the context of changes in service providers. Since there is no contractual relationship between the outgoing and incoming service contractors, there was no legal obligation on the outgoing service contractor to give the incoming contractor information about the workforce it was inheriting. This statutory obligation was introduced to fill this gap and to compel outgoing contractors to supply the information needed.

Union reps have no right to this information, which must cover:

• the identity of the transferring employees;

• their age;

• individual statements of employment particulars;

• collective agreements;

• disciplinary and grievance records over preceding two years;

• legal action by employees against the employer over the preceding two years and any potential legal claims.