Fletcher Hotels, EHP Holding BV and Princess Hotels have seriously violated the Merger Conduct Rules of the SER (Social and Economic Council) by failing to notify the unions in advance about the merger plans with Princess Hotels. As a result, the unions were informed too late, which meant that the interests of the employees could not be safeguarded. FNV hospitality immediately reported this to the SER.
Unacceptable behaviour
FNV hospitality finds it unacceptable that they were not informed in advance about the merger plans of Fletcher Hotels and immediately took action by reporting this misconduct to the SER. In addition to filing the complaint, FNV hospitality contacted Fletcher Hotels to initiate discussions. Fletcher Hotels showed no initiative to engage in dialogue with FNV hospitality, even when FNV hospitality explicitly and repeatedly requested it.
Judgement of the SER
The complaint by FNV hospitality has been upheld by the SER. The violation is of a serious nature and is considered seriously culpable, according to the judgement of the SER's Merger Conduct Rules Disputes Committee.
Compliance with Merger Conduct Rules
Fletcher Hotels believes that the Merger Conduct Rules need only be followed on a voluntary basis. However, a consensus has been reached between employers' and employees' organisations and independents on the Merger Conduct Rules to protect the interests of employees during a merger, with the aim of achieving proper self-regulation in the sector. Compliance with the Merger Conduct Rules is therefore not entirely optional. The unions must be informed in a timely manner by the merging parties about an impending merger, so that they can influence the consequences for the employees. The unions can inform the works council about their opinion on the merger. With this information, the works council can provide advice to the entrepreneur.