Legal advice on takeover to new BV

Questioner

Good evening, I have been working for a company for 13 years. Now my employer wants to start a new BV and asks me and a few other colleagues to join in. Suppose that BV goes bankrupt, what are our rights then. Can we fall back on the 1st BV???? Or will we then become unemployed involuntarily. Advice please. Can we join the new BV without losing our rights or is it smarter for us to stay where we are now? Advice please.

Lawyer

Your question cannot be answered in one sentence. The starting point is that when a company is transferred, your rights and obligations are transferred to the new BV. In principle, nothing changes. If the company remains in the same sector, so it does not have to switch to another pension fund or another collective labor agreement, there is nothing much wrong. If the company goes bankrupt, you cannot simply return to the first BV (after all, it has ceased to exist). My advice is: If necessary, get good information from a lawyer or legal aid office.

Questioner

Thank you for your answer. The 2nd company remains in the same sector. The 1st BV will continue to exist!!! We do not have a pension fund or a collective labor agreement. We had a disagreement about this with the employer 6 years ago. He thought we were a DIFFICULTY. Nothing has been finalized yet, but the employer does have these thoughts. He wants to grow with the company, hence the 2nd BV. Now you are of course curious about which sector we work in. That is the call center sector. We work at a professional telemarketing agency and focus on the B@B market. We do not have a pension or a collective labor agreement. The employer does follow the collective labor agreement for the call center sector, but only when it suits the employer. Another point of discussion is the public holidays on Mondays. Normally we always work on Mondays and according to the collective labor agreement the employer is obliged to pay for this day BUT it does not happen. The employer indicates that during the month in which the public holiday falls there is always a possibility to make up for the missed hours at another time!! We also find that strange, but we just accept it all.