Legal assistance with employment transfers | Legal aid centre

Questioner

I have been working for home care for 24 years. The expectation is that they will go bankrupt in mid-April. We have been taken over by another company under what they say are the same employment conditions, but I have to do things that are not in my current contract because we have to become a self-reliant team because they do not want managers and planners, we have to do that ourselves and my current employer says you can't join if we go bankrupt, so you have to join that other company, so to speak. Now my question is: I now earn 10.27 per hour gross, but I get a lot more responsibility and they call that equal conditions. You can already understand that I am not at all motivated to cooperate in this way. I hope you can help me.

Lawyer

In the event of a takeover, the employer is obliged to continue the current agreements. Threatening dismissal can be considered an unlawful act. I would like to write a letter in which I emphasize your rights in the event of a transfer of business. If you wish, I will draw up a different job description based on the collective labor agreement and your employment contract. Please contact us directly..

Questioner

My current employer is not threatening dismissal, but they say that I have to go with the takeover candidate and he wants us to become a self-reliant team, so we are given the tasks of manager and planner, but that is not in my contract now. The other employer says that they will apply the current contract conditions, but we will be given more responsibility, making plans, reporting illness, arranging replacements, etc., etc. Tasks that the manager currently does, we will have to do as a team and I do not agree with that, certainly not for 10.27 gross per hour, while they say they apply the same working conditions, but that is not the same, is it?

Questioner

what do you mean by another job description? what I have to do at my future employer is not in my contract now, we now have planners and managers for that

Lawyer

First of all, I would like to make a request to your future employer. This may not change your employment conditions too much. Based on your email (what you indicate about your work and the team) I suspect that this will happen. When it is confirmed that the future employer will take over the agreement, this provides a basis for making your wishes known. Another position and/or salary increase. I will then include this in a petition. Because I also incur costs for this, I ask 10 euros for it. Please contact me..

Lawyer

By the way, the first request is free of charge.