Business transfer and business transfer
When ownership of all or part of an employer's business changes, personnel must also be offered employment with the new owner. The obligations arising from employment contracts are thus transferred to the new employer. In some cases, collective agreements may also continue to apply to the new employer.
A business transfer requires co-determination negotiations with the relevant trade unions, both at the transferor and the transferee.
What we can help with in business transfers and business transitions
We offer a wide range of services to facilitate and ensure a smooth business transition:
- Advice on business transition: We provide advice and guidance throughout the process to ensure that the transition takes place in accordance with applicable laws and collective agreements.
- Assistance in union negotiations: We assist both transferors and transferees in co-determination negotiations with unions to ensure that all parties comply with their obligations.
- Investigation of labor law risks: We conduct thorough investigations to identify employment law risks, such as latent damage claims and unfavorable employment contracts, that may affect the purchase price or future operations.
- Preparation of new employment contracts: We help draft new employment contracts for the transition of personnel to the new owner, ensuring that the contracts are in line with both law and collective agreements.
- Advice on key competencies that resist transition: We offer advice on how to handle situations where employees with key skills resist the transition, and provide guidance on possible strategies for retaining or replacing these employees.
- Collective agreement adaptation: We review the current collective agreements and how they may need to be adapted or renegotiated when transferring to the new employer.
- Training and advice for the new employer: We offer training and advice to the new owner on how to best manage existing employment contracts, collective agreements and relations with unions for a smooth integration.
- Compliance monitoring: We help you implement processes to ensure that the new employer complies with applicable regulations and collective agreements after the business transfer.
Our knowledge articles on business transition
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