Reorganizations

“What are the employment law aspects in relation to an outsourcing project?”

“Under which conditions is it necessary to negotiate a social plan?”

“In a period of economic downturn, what measures may be implemented from a legal point of view in order to save HR costs while avoiding redundancies?”

In order to remain competitive on the market or to respond to evolving business strategies, in particular in the current economic context, companies may have to reorganize, be it through a merger, outsourcing or downsizing. The successful completion of such reorganizations mainly depends on the proper anticipation and management of personnel issues.

As employment lawyers, we are fully involved in the preparation and implementation of the restructuring projects, in order to ensure that all legal issues related to the employees’ situation are properly dealt with.

In this context, we assist companies at the various steps of a merger or an outsourcing arrangement, from first analyzing whether the transaction at hand qualifies as a transfer of undertaking to advising on post-transfer issues such as the harmonization of the salary packages.

In mergers & acquisitions transactions, we carry out due diligence in order to provide our clients with a risk assessment on employment and social security law aspects.

As far as collective redundancies are concerned, we assist companies throughout the collective redundancy process, including the preparation of the necessary documents for the workers’ representatives, calculation of the dismissal costs as well as assisting the client for meeting with local authorities and in negotiations with trade unions.

Besides, more and more of our clients are willing to find alternative measures to avoid or limit redundancies while reducing personnel costs. We have a thorough understanding of the various legal mechanisms, which can be used in this context, and are able to assist companies in defining and implementing innovative measures, which are adapted to their structure and situation.

In many circumstances, restructuring projects imply the combined expertise of various legal disciplines. We are used to working closely with the Corporate Structuring, Mergers & Acquisitions, Private Equity and Technologies groups in order to provide a full and dedicated service.