In- and outsourcing/transfer of undertaking

Increasingly, companies are deciding to outsource parts of their business operations to specialized parties. Consider, for example, the outsourcing, or outsourcing, of cleaning to a large cleaning company. In addition, the reverse variant also occurs more than once. Especially in the IT industry, insourcing is a common phenomenon.

Various labor law issues arise in insourcing and outsourcing projects. Among other things, the facts and circumstances must be used to determine whether the Transfer of Undertaking Act applies. Among other things, it is important to determine whether employees and/or assets are transferred to the outsourcing party. Intersourcing and outsourcing processes have far-reaching consequences for the employees involved. If there is a transfer of undertaking, the employees will transfer to a new employer. If this is not the case, a dismissal process will probably have to be initiated. Often employee organizations are also involved in outsourcing processes and collective bargaining agreements (CAOs) contain specific rules on how such processes should be carried out.

The lawyers in our Employment Law department have experience with both national and international in- and outsourcing projects. We regularly sit at the negotiating table with employee organizations and are experienced in drafting in- and outsourcing contracts. We are also familiar with the various collective bargaining agreements and industry-specific regulations.