Human Resources | 01 December 2012
This article deals with two situations that occur frequently in connection with a transfer of undertaking, namely: i) dismissal of personnel and ii) harmonisation of employment conditions.
TRANSFER OF UNDERTAKING
In the case of a transfer of undertaking, the employees of the transferred undertaking will enter the service of the acquiring undertaking by operation of law. Pursuant to Article 7:663 of the Dutch Civil Code, the rights and obligations arising from the employment contracts that existed at the transferor will transfer to the acquirer by operation of law. Both written and oral agreements will transfer. [Continue Reading]