Legal questions about dismissal and takeover of personnel

Questioner

My employer has been absorbed into a new company. As a result, I have a letter stating that I have been dismissed from company A and a letter of appointment from company B. My workplace and colleagues have not changed; only a new organisation has been established. It now appears that my personnel file from the time of company A is simply accessible to company B. This does not apply to my colleagues who came over from other organisations (company C). Their data has not been transferred. Is that allowed and if not, on what grounds is that not allowed?

Lawyer

You do not have to agree to this. If the company is taken over, the existing agreement should be taken over under the same conditions and if there is a collective labor agreement, the best collective labor agreement should be used, which means that the COA is improved or possibly the salary is improved. You must inform the employer in writing that you do not agree to this and that you want to continue using the existing agreement. Unless the new one has been improved and you want to use your right to have the agreement checked by a lawyer. At all times, your agreement may not become worse. If the employer still wants to continue with the new agreement, he will have to enforce this through the court and he will have to come up with very good reasons to continue with the demand and he will also have to take your personal circumstances into account. If the employer wants to dismiss you because of this, you must also object to this. If you would like further help and/or advice, please feel free to contact me.

Questioner

It was a government agency and is still a government agency. However, my performance reviews, objections to decisions on travel expenses, bonuses, etc. were simply selectively transferred to the new government agency. I find that strange and wonder whether that is legally allowed. After all, how I functioned at company A has something to do with how I function at company B.

Lawyer

Based on your information, I cannot conclude that a situation has arisen that contains legal imperfections. In the case of successive employers, it is not unlawful that the personnel file is transferred.