Jasper works as a manager in a pizzeria. When the business is taken over by a new owner, he is told that he must leave. The new owner wants to take charge himself. However, it's not that simple.
What did De Horecabond do?
Jasper is unsure of his position and contacts us. As he is a member, he could rely on legal help and support.
One of our lawyers reviewed his situation and checked the data from the Chamber of Commerce. It turned out that the business had indeed been taken over. Based on Jasper's account and the plans of the new owner, the lawyer determined that there was a transfer of undertaking.
This means that all rights and obligations from his employment contract automatically transfer to the new employer. This includes Jasper's.
We sent a letter to the new employer about this. Subsequently, a meeting took place between Jasper and his new employer. They acknowledged that Jasper had remained employed. Together, they discussed how Jasper could continue to fulfil his role as manager.
Are you unsure about your rights? Then check the CLA and find out which agreements apply to your work, salary, and employment conditions.
- If your employer is going to sell the business, keep an eye on whether all the staff will be taken over or if only the inventory will be taken over.
- Make sure you keep track of everything regarding a takeover. Ask your employer if they can provide a written update regarding the takeover.
- You do not need to sign a new employment contract! Your rights and obligations will automatically transfer.
- Engage us in good time so we can help you.