Planning on a merger, acquisition or division of (part of) a business in the Netherlands or any other EU country? Then be aware of the EU law which sets out the strong position of employees in case of a transfer of undertaking (Directive 2001/23/EC). Russell Advocaten will inform you of the EU law on transfer of undertaking and the consequences thereof by a series of newsletters. This time: To what employees does it apply?
Only employees who have an employment contract with the transferor at the time of the transfer of undertaking can invoke the protection by transfer of undertaking. Case law shows that there are circumstances under which also employees who are formally employed by another business but, in practice, are working for the transferor, can apply for the protection (i.e. an employee who is employed by a holding but is permanently set to work by a subsidiary).
The duration (definite or indefinite) and scope (fulltime or part-time) of the employment contract is irrelevant to the applicability of the protection. An employment contract for a definite period of time will, of course, still end when the agreed date is reached. Sick employees who are not able to work at the time of the transfer can also invoke the protection.
Would you like to receive more information about the EU law on transfer of undertaking and the consequences thereof? Or do you have any other questions on employment law? Please contact us:
Employees have a right to privacy in their private lives. This also applies to sick employees. However, they must also comply with their reintegration obligations and provide accurate information about their illness. What options does the employer have to check whether they are actually doing this?
Employees who consume alcohol and drugs during work or who want to work under the influence remain a problem for employers. What measures can you take against this? Are you allowed to test an employee if you suspect they are under the influence?
Many companies do not have a works council, even though they should. When is it mandatory to establish one? What are the advantages of a works council? What are the consequences if your company does not have a works council?
Discrimination in the recruitment and hiring of new staff is not permitted. When do you, as an employer, discriminate during the application process, even unintentionally? And how can you prevent this, also if you use AI?
The government wants to improve the legal position of flex workers with a new law. What will it mean for employers and flex workers if the legislative proposal is adopted? What new rules will you need to take into account?
The statutory minimum hourly wage changes every six months. What are the new amounts as of 1 July 2025?