Simont Braun - Avocats advocaten lawyers

Restructuring and Transfer of Undertakings

Restructuring and transfers of undertakings raise challenging employment issues which must be handled with a long-term vision, taking into account different, and sometimes opposing, interests: works councils, trade unions, workers, managers…
From consultation and negotiation to completion and integration, we work alongside our clients in constant dialogue to reach the most realistic plan of action and suitable solutions.

Our fields of expertise

Our job is to relieve clients from the commercial pressure underlying a restructuring operation (which may or may not include collective redundancy issues) by designing a complete and realistic step-by-step plan, and guiding them through smooth and swift implementation.
Our Employment team works with our Corporate/M&A Department to advise clients on their global strategy and most technically demanding issues, including collective dismissals with or without closure of all or part of the company, and the transfer of the business in part or in whole.
We assist our client in the preliminary phase and during discussions with employee representative bodies, including the possible negotiation of social plans.
We also help you in identifying your duties towards the employees and, where necessary, to harmonise employment terms and conditions following the contemplated operation.

Some recent projects

  • Assisting a Belgian company in the sale of its activities to a French company, including the transfer of its personnel;

  • Assisting a French group in the acquisition of nine retail outlets and their staff in Belgium;

  • Assisting a company active in the IT sector through successive reorganisations, including negotiation with the unions and the drafting of termination agreements.