In case of a transfer of undertaking, all employees will transfer along to the acquirer of (the part of) the business. In addition, the employees retain all of their rights and obligations under their employment relationship. It is, therefore, in principle, not allowed to adjust terms and conditions of employment or to make other (new) arrangements.
Many employees are not aware of their rights in such situations, and agree to amendments of their terms and conditions of employment. If they have been informed insufficiently or incorrectly by their (new) employer, they are still entitled to terms and conditions of employment that were applicable prior to the acquisition. Such claims may be submitted even years later, and significant amounts may be involved.
Employment law advice is essential in the event of mergers and acquisitions. Insourcing and outsourcing of activities in a company, such as cleaning services, automation and catering can under circumstances also result in a transfer of undertaking.
If you have any questions with regard to a transfer of undertaking or the insourcing and outsourcing of activities, please feel free to contact All-Right Advocatuur.