Who was the client?
A leading logistics player in the Benelux.
What was the client’s challenge?
A large warehouse contract was not renewed despite expectations, with the result that many employees with years of service were in danger of losing their jobs. The contract was awarded to a major competitor.
What solution did we come up with for the client?
We pointed out to the client that Collective Bargaining Agreement 32bis applied, since the same activity was seamlessly being transferred to the competitor, which was also going to effectively continue this activity in the future. Therefore, Collective Bargaining Agreement 32bis not only applies when selling a company or a division of a company, it can also come into play when losing a contract to a competitor. This also immediately implies that the employees involved in these activities are transferred to the new contractor by operation of law. They also retain all their working conditions (including seniority, pay, protection and position).
