Legal Advice on Dismissal and Transition Compensation

Questioner

the flower shop where my wife works is closing at the end of the year. The employers are trying to place their customers with other florists but are using my wife as a condition that she is taken over. This is not a company takeover. Is this allowed? My wife is not a commodity!!

Lawyer

I don't quite get it. It doesn't sound right. If your wife gets another employer, there is a subsequent contract and in case of dismissal a transition payment. Perhaps you can provide more information. If you wish, you can contact us without any obligation.

Questioner

Good morning, the following is happening. The business where my wife now works for 52 hours per month will close at the end of December 2017 because the employer has physical problems. It was not possible to sell the business. They will have to fire my wife but there is a transition payment attached to that. The employer is now lobbying to place her elsewhere and is doing this by promising the new employer clients on the condition that they take on my wife as an employee so that they do not have to pay that payment. All this without consultation with my wife. This is not a company takeover. My wife now also has physical problems and would rather look for other work.

Lawyer

Thank you for your explanation. In principle, your wife is also entitled to the transition payment if she is hired by another employer. To place your wife elsewhere, her consent as an employee is required. If she says she doesn't want the same job, it's a done deal for the employer that he doesn't have to negotiate. If you wish, you can contact us without any obligation.