Dismissal scheme for permanent contracts in the event of a company takeover?

Questioner

Since January 1, 2020, I have been employed at a physiotherapy practice, where I do (part-time) cleaning work. I have a permanent contract there. Now, on December 5, 2023, I was told that the practice will be taken over by a colleague as of January 1, 2024. When I subsequently asked whether anything would change for me, I was told that I would only get a different contact person. Today (December 17, 2023) I was informed (verbally) that they do not want to 'extend' my contract. The reason given for this is that my previous employer took over my work during my vacations, and that the new employer would not want to take care of this himself. I have a total of 22 hours of vacation days per year (4 weeks in total). Taking over the work during vacations does not seem to me to be a legitimate reason for dismissal. They want to keep a notice period of one month; the dismissal would then take effect on 1 January 2024, with 1 February 2024 as the end date of the notice period. Nothing was ever said about a transition payment. I have never had any complaints before, and have always carried out the work to my satisfaction. I would like to continue working in the practice, as I also need this job (in my place of residence) for possible housing.

Lawyer

It is understandable that the situation raises questions. In general, when a company is taken over, what is called a 'transfer of undertaking' occurs. Special rules apply to the employment contracts of the staff. In principle, new owners take over the existing employment contracts, with all the rights and obligations that go with them. In your case, the new owner seems to be arguing that your vacation periods would constitute a 'weighty reason' for dismissal. It is questionable whether this argument holds up, because in my opinion it cannot be seen as such a 'reasonable ground' as intended in dismissal law. After all, absence due to vacation is inherent to every employment contract. Regarding the notice period and transition payment: a permanent contract does indeed have a notice period. This depends on the duration of the employment and can vary from one to four months. After two years of employment, an employee is normally entitled to a transition payment in the event of dismissal. Given the complexity of the situation and the possible consequences for you, I recommend that you consult a specialized labor lawyer. Although my advice is based on general principles of labor law, a specialized lawyer can give you more detailed advice that is specific to your situation. Furthermore, you should also take into account the fact that you may have to file an objection to the intended dismissal. A lawyer can guide you in this. -------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.