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Bumping Rights

What are bumping rights?

Bumping rights are the contractual rights of an employee whose job position has been redundant to be replaced by another employee. Bumping rights are generally privileges granted to more senior-level employees whose positions have been eliminated or designated for layoff. These privileges allow the employee with seniority to accept an alternative position currently held by a less-senior employee. Bumping is usually done as part of a collective bargaining agreement in union contexts.

How does bumping rights work in union?

The employer or their representative and a union representative discuss the terms and conditions of workers' employment in a unionised workplace, which normally includes stipulations addressing bumping rights. A collaborative bargaining agreement (CBA) or a union contract is the result of such negotiations.  

When a company decreases its workforce by eliminating jobs, the union representative must be notified and is in charge of executing the CBA or union contract's requirements.

Is bumping rights illegal?

This is a rare occurrence, but it is perfectly lawful as long as all other fair and transparent redundancy protocols are followed. When making redundancies, an employer may have to consider redundancy bumping as a viable alternative throughout a fair procedure.

Can you be made redundant if your job still exists?

Although there are numerous legitimate grounds for redundancy, it is illegal to be laid off when your job is still open. As a result, if you believe someone else has seized your work after you've been laid off, seek professional help right once.  

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