Are you planning on selling your company?

Then it is wise to request proper advice about the duties in relation to the works council of your company. By doing so, you can avoid a potential hindrance to the selling process. In a recent ruling of the Amsterdam Court of Appeal, the Enterprise Division ruled that the selling legal entity and its shareholders violated their duty of care towards the works council of the sold company. The selling legal entity and its shareholders did not provide timely and sufficient information to the works council, they failed to involve the works council in seeking advice for the issuing of assignments of experts, and they did not consult with the works council on time and prior to the request for advice. Therefore, the decision to sell the company was not made reasonably. The decision and the consequences of the decision have to be repealed. This is an undesirable and unnecessary situation which could have been prevented.

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