Legal questions about employer takeover


Questioner

Dear Sir/Madam, I currently have a part-time job in a company that will soon be taken over. I work there an average of 8 hours a week and have been doing so for over 5 years. I am on a zero-hours contract, but I have no proof of that myself. I do have pay slips from all my years of employment there. I wonder if I can still count on being able to work regularly under the new owner. I have heard from the current owner that the future owner is doubting whether he wants to keep the staff. I would like to know what my position is now.

Lawyer

In principle, all rights and obligations are transferred upon transfer of a business. If you have been working an average of 8 hours per week for 5 years on a zero-hours contract, you can normally assume that this number of hours is your 'agreed work'. The obligation to continue offering these hours also applies to the new employer. Please note: this is an initial assessment based on the information you are providing now. More information is needed for a ready-made answer, namely the content of your employment contract, whether a collective labor agreement applies and how the 'takeover' will ultimately take place. The latter in particular will ultimately determine whether there is a transfer of undertaking with all the associated rules. If you have any more information, please let me know. Kind regards,

Questioner

Thank you very much for your answer, this is enough information to continue with for now.

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