Transfer of undertaking and outsourcing

Employers' and employees' rights and duties
In the event of transfer of (part of) a company, it is essential for the acquiring party as well as the transferring party that the rights and duties existing between the transferring employer and employees are mapped out properly and in good time. Examples of this include the following:
 

• non-competition clauses
• conflicting collective agreements
• financial entitlements (outstanding paid leave, bonuses, profit-sharing, etc.)
• temporary contracts and other flexible contracts
• harmonisation of employment terms and conditions
• pension schemes

Consultation process
Effective legal guidance during the Works Council consultation process and communications with the trade unions in connection with the Rules relating to Mergers of the Social and Economic Council are also of the utmost importance in concluding and implementing successful transactions.

Advice
We can advise and assist you extensively during procedures relating to (partial) transfers and outsourcing. And of course, we do this in the characteristic AKD way: efficient, results-oriented and with a high degree of expertise.