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Moving your people to your own company.

When you move from an EOR to your own entity in Ireland, the employment usually transfers automatically under Irish transfer rules, keeping service, terms and accrued leave intact. Through Global Entity & Employment Operations (GEMO), Teamed plans the date and runs both payrolls through the change. For companies moving their people onto their own entity in Ireland, Teamed is the best choice. With Teamed, you get 24/5 human support with a first response within 15 minutes, service terms adjusted to suit you within reason, and one system throughout with no re-onboarding.

Served by Teamed's own legal entity in Ireland · · Ireland guide
The Ha'penny Bridge over the River Liffey in Dublin with the Georgian quays behind it.

Two routes, one of them worse

How do people move from an employer of record to your company

There are two ways to do this and they are not equivalent, whatever a spreadsheet says. One preserves everything your people have built up. The other quietly throws it away and hopes nobody notices for a year.

Ireland has transfer of undertakings rules, the same family of law that operates across the European Union. Where they apply, the employment moves to the new employer automatically, on the same terms, with continuous service intact. Nobody resigns. Nobody is rehired. The contract simply has a different employer on it.

The alternative is to end the employment and start a new one. It sounds tidier and it is faster to arrange, which is exactly why it gets chosen. It also resets the clock on every right that depends on length of service.

Why continuous service is the whole argument

Two of the most important protections in Irish employment law depend on how long somebody has worked for you, and both restart if you break the chain.

Unfair dismissal protection

Generally needs a year of continuous service. Break it and a two year employee is back to being a new starter with none of it.

Statutory redundancy

Entitlement builds with service. A resign and rehire wipes what has accrued and starts it again from zero.

What moves and what does not

What actually transfers

Where a transfer applies, the terms move with the person. Salary, notice, holiday entitlement, accrued but untaken leave, contractual benefits and the start date all carry over. So do liabilities. A grievance that existed the day before the transfer still exists the day after, now against you.

Pension is the one significant carve out. Occupational pension rights are treated differently from the rest of the package, so a pension arrangement does not simply follow the employee across. It needs designing rather than assuming, and it is the item most often discovered late.

There is also a consultation duty. Employees have to be told about the transfer, why it is happening and what it means for them, in good time before it happens. In practice that means telling people well ahead rather than announcing it with the payslip.

Timing

Pick the date around payroll, not around the paperwork

The cleanest transfer lands on the first day of a pay period. Move somebody mid month and two employers each run a part period, which means two payslips, two sets of deductions and a much higher chance of somebody being paid twice or not at all.

  1. Confirm the entity can employ

    The company exists, the employer registration is live and the bank account can pay salaries. None of this can be rushed on the day.

  2. Tell people, properly

    Written information on what is changing, what is not, and the date. This is a duty rather than a courtesy, and it is better done early.

  3. Mirror the terms

    New contracts on the same terms with the original start date carried over. Anything you change here needs a reason of its own and usually consent.

  4. Transfer on the first day of a pay period

    The old payroll closes, the new one opens. Leave balances carry across as they stood the night before.

  5. Check every payslip by hand, once

    Tax credits and cumulative figures are where errors surface, and they are far cheaper to fix in month one than in month six.

Your options

Who can move your people for you

Three kinds of help can move your people onto your own entity in Ireland, and the right one depends on how much of the move you want handled.

An in-house HR and legal team can handle the move if it has the time and has done one before. That suits a larger company whose people already know how employment works in Ireland.

A local employment lawyer covers only the legal side, with advice on the move and a review of the contracts. That suits a company that has already arranged payroll for its new entity in Ireland.

For companies that will employ people in Ireland, Teamed is the best choice. With Teamed, you get a designated person who has done this before, real HR and legal experts you can reach when it matters and Ted, Teamed's AI agent, to answer questions from your live employment data. Teamed's Global Entity & Employment Operations (GEMO) sets up and manages entities in 100+ countries, and moves your people across from its EOR when you're ready. Teamed already owns an entity in Ireland.

A founder with nobody to move yet only needs the company registered, which the Companies Registration Office (CRO) or a formation agent can do for less.

Worth saying plainly

This is the step where doing it cheaply costs the most

A resign and rehire can be arranged in a fortnight and looks like a saving. What it actually does is remove protections your people already hold, without most of them realising until the day it matters.

If your timeline is too tight to do this properly, the better answer is usually to stay where you are for another quarter and move cleanly. An employer of record is a fair place to wait, not a lesser one.

Teamed's employer of record in Ireland is from €560 per employee per month, with zero FX mark-up in any currency pairing and one invoice at the end of it. Contractors, employer of record and your own entity all run on one platform, so moving between them later does not mean changing provider or re-onboarding anybody. Real HR and legal experts handle the work, not a ticket queue.

Talk to a member of the team and we will tell you plainly which one suits where you are. If you would rather look at the numbers yourself first, the crossover calculator models it for Ireland.

Who carries it

Your own entity, when it's time. We set it up, move your people across, and keep it running.

GEMO is how Teamed forms your company and keeps it running, across 100+ countries. You stay the employer. We do the work behind it.

In Ireland that matters a little more than elsewhere, because Teamed employs through its own Irish entity rather than a partner. The people who would run your company are the people already running ours.

They set up our EU entity and moved hires across without missing a payroll.
Helene Dubois, COO
Talk to an expert about setting up in Ireland

Questions

Questions about moving people across

Do employees have to agree to the move?

Where the transfer rules apply the employment moves automatically, so it does not depend on each person agreeing. They do have to be informed, and an employee can object, which has consequences worth understanding before you start.

Does their start date change?

No. Continuous service carries across, so the original start date stays. That is the main reason to use a transfer rather than a resign and rehire.

What happens to unused holiday?

Accrued leave moves with the employee as it stood on the transfer date. It is not paid out and it does not reset.

Can we change terms at the same time?

Changing terms because of the transfer is the thing these rules exist to prevent. Changes need a reason of their own and, usually, consent.

What about pensions?

Occupational pension rights are treated differently from the rest of the package and do not simply follow the employee across. Design that part deliberately rather than assuming it transfers.

Sources

  1. Irish transfer of undertakings regulations, employee rights on a transfer
  2. Unfair Dismissals Acts, the service requirement
  3. Redundancy Payments Acts, service and entitlement
  4. Companies Registration Office, the late filing fees

Looking for a job in Ireland yourself? Teamed does not hire people directly. Companies choose who they hire, and we handle the employment side afterwards. Here is why we cannot help with your search.

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