Staff at company takeovers
When your company takes over another company, you are not free to choose which staff you want to take with you. By law it is stipulated that you are obliged to take over all the staff. All agreements will continue to exist with the collective labor agreements that applied to them. Furthermore, you may not fire any employees of the company you are acquiring.
There is no exception to the rule for sick employees. You are also obliged to continue to pay the sick employee’s wages. All obligations associated with this are also transferred to you, such as the risk of reimbursements under the WGA and Sickness Benefits Act, if the old employer was not insured for this. In the event of a takeover, you should therefore always weigh up the interests of whether you can meet all these obligations.
Notification to the tax authorities
You must always report the takeover to the tax authorities. The tax authorities must know that you are taking over the staff. If you do not do this, you risk a fine.
The lawyers of Arslan Lit Advocaten have extensive experience in handling employment law cases on behalf of the employer. For questions about what Arslan Lit Advocaten can do for you, please email us (info@arslanlitadvocaten.nl) or call us on 020 223 24 66. We are happy to assist you.
