Rights in case of bankruptcy: What to do?
Questioner
My employer has been declared bankrupt at his own request. Since then I have been employed by the trustee and the UWV now pays my salary. However, the process with the trustee has been completed and all services are now housed with another BV of my previous employer. I am not employed by this other BV ... I no longer work for the trustee and yet I am still employed and the UWV will continue to pay me for a few weeks, so it is said. Is that allowed? Who do I work for now is question 1 for me? I feel like I am not working for anyone at the moment. From this other BV (I'll call it 'intermediate BV' for now) everything will be sold on to a third party and an intensive collaboration will arise between 'intermediate BV' and a third party. Some of my colleagues will be out on the street. Some of my colleagues will be employed by that 'intermediate BV' and will be loaned out to that third party. Neither is the case for me. The third party will probably offer me a temporary contract. At that third party I will have the same position as I have now and I will work for exactly the same clients, only in a different building and with a new employer. In my opinion it will really be a temporary contract until all client details have been transferred and they can do it all themselves. After that I will be out on the street. Only ... because that third party takes over the activities of the 'intermediate BV' there is no longer a chain for me and I lose all my rights in terms of employment history. After all, I am not employed by that Intermediate BV. But is that really the case? Isn't it the case that this 'Tussen BV' must offer me a temporary contract from the moment the receiver is ready and I can start working for that third party?Lawyer
In some situations there is a different employer. The above about the takeover of the company does not apply to a company that is bankrupt (art. 7:666 BW). Consider the sale of a bankrupt company. This means that the company falls into the bankrupt estate of a natural person or legal entity that is the owner of the company. The above does apply in the event of a suspension of payments. The (legal) person who takes over a bankrupt company can therefore decide for himself which employees will be employed by him, and under what conditions. These employees cannot hold their new employer liable for obligations that their old employer (the bankrupt transferor) did not fulfil. The transferor concludes new employment contracts or takes over the employment contract. Personnel who do not enter into an employment contract with the transferee will remain employed by the transferor until their employment contract ends.Neem de volgende stap
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