Business transfers, mergers, restructurings, and insolvency situations often give rise to complex employment law issues. When a business is transferred in whole or in part, it has a direct impact on employees’ rights and obligations – while at the same time placing significant demands on both the transferor and the transferee.
We advise companies at all stages of a business transfer and ensure that the process is handled correctly in accordance with the applicable employment law rules. This applies both to transfers of entire businesses, parts of a business, or specific activities, regardless of whether the transfer takes place as part of an acquisition, a merger, a restructuring, or a reconstruction.
Our advice includes, among other things,
Assessing whether there is a business transfer within the meaning of the law
Advising on employees’ rights and obligations in connection with the transfer
Handling the duty to inform and consult employees and cooperation bodies
Advising on the transfer of terms of employment, collective agreements, and other collective arrangements
Assisting with the planning and implementation of dismissals in connection with restructurings
Advising on employment law matters in mergers, demergers, and other structural changes
We assist both transferring and acquiring companies in navigating the process safely and ensuring that all requirements under the Danish Transfer of Undertakings Act are complied with. This includes, among other things, the rules on the duty to inform, the legal position of employees, and the continued validity of rights and obligations following the transfer.
We work closely with the company’s management and other advisers to ensure that the transfer is carried out efficiently, legally correctly, and with as little disruption to operations as possible – while respecting employees’ rights.