A takeover of your employer often raises questions. What does this mean for your employment conditions? As an employee, your rights and obligations are laid down in an employment contract, but a transfer of undertaking can lead to changes. Fortunately, the law protects you in many cases. We explain what you can expect and what you should pay attention to.
What is a transfer of undertaking?
When another company takes over (part of) your employer, we speak of a transfer of undertaking. As an employee, you automatically go to the new employer in such a case. The same applies to your rights and obligations according to the law. The agreements from your employment contract therefore remain valid and you do not have to sign a new contract. For example, you retain the agreements from your employment contract and your accrued years of service also remain intact. This is useful for matters such as an anniversary or a transition payment. It is important to know that pension agreements are not always automatically transferred. Check this carefully with your new employer.
A new contract?
Although your contract is in principle taken over, it may happen that you are offered a new employment contract. This happens, for example, if this is stipulated in the collective labour agreement.
If you get a new contract, it is important to read up on it. Check what the new terms mean for your situation and make sure that your original date of employment is correctly transferred. This is important for calculating years of service and any compensation.
Sometimes an employer wants to equalise the employment conditions for old and new staff after a takeover. This is called “harmonisation”. This is allowed, but only under certain conditions and often in consultation.
What can you do?
A takeover can bring uncertainty, but it is good to know that your rights are protected. Be well informed about the situation, especially if there are new employment conditions or if you have doubts about the consequences of the takeover.
Do you want to know whether there is a transfer of undertaking or have you received a new contract? Our legal specialists are ready for you. They will check your new employment contract and explain exactly what you are entitled to. This way you can be sure that you are well prepared and can negotiate where necessary.
Get in touch
Do you have any questions? Please feel free to contact us. Our Service Center is available on workdays from 8:30 to 17:00 via 0345 851 963 of sc@unie.nl. We are happy to help you.
