Takeover and restructuring

There's a lot involved

If you want to take over a company, there are the necessary employment law issues involved. Do you take over the personnel of the selling party and if so, how do you give this form legally? What about the existing terms of employment of the staff to be transferred? Are you obliged to respect these? And could you, for example, harmonise the terms of employment in your company? Are there issues that need to be taken into account within your own company, such as employee participation? Do employees possibly have to leave due to redundancy? Questions like thesealso come into playwhen (re)structuring your own business, tailored to a new strategy or a changing market.

Feasible solutions

Takeovers and restructurings are therefore a complex issue, requiring a search for practically workable and financially feasible solutions within the legal framework. We know the playing field and have all the knowledge in-house to guide acquisition and restructuring processes. Both from the perspective of employment law (all issues concerning personnel and terms of employment), but also, where necessary, by working effectively and as a team with our lawyers and civil-law notaries from other disciplines (e.g. corporate law) and/or with externally involved advisers, e.g. corporate finance advisers and accountants.

What we do

• We carry out due diligence in acquisitions and restructurings on all aspects surrounding personnel, industrial organisation and pensions. We often do this in teams with lawyers and/or civil-law notaries from other disciplines. We know how to operate effectively as a team.
  

• We advise on the correct and strategic implementation of changes in your industrial organisation in the event of a takeover or restructuring. For example, when it concerns changes to positions, organisational units, terms of employment or dismissal. Together we determine a feasible step-by-step plan and we can also act as a project manager.
  

• We prepare all necessary documents that relate to the correct recording or amendment of the terms of employment. This includes employment contracts, declarations of consent, (harmonised) regulations and communication with employees about proposed changes.
  

• We provide the necessary employment law and pension law input in the conclusion of takeover contracts.
  

• We provide strategic advice on desired changes in your company in relation to issues in the field of terms of employment. Consider, for example, the impact of the scope of collective labour agreements and mandatory industry pension funds.
  

• We advise on and provide full support on harmonisation issues within your company, both in the event of acquisitions and desired changes in your own company.
  

• We advise on the role of participation, draw up the necessary documents and fully support you in completing the prescribed processes.
  

• We negotiate with other stakeholders in acquisitions and restructurings. Consider, for example, trade unions.
  

• We assist with individual dismissal issues during takeovers and restructurings. We determine the strategy, conduct negotiations and litigate if we have to. Either with the judge or the UWV.
  

• We take care of everything for you during reorganisations related to takeovers and restructuring. We determine reorganisation strategies, submit notifications in relation to the Collective Redundancy Notification Act (WMCO, Wet melding collectief ontslag), negotiate with trade unions, complete participation processes and conduct negotiations. If there is no other option, we will prepare a dismissal application for you with the UWV.