Unions lose thing about flash bankruptcy shrimp business – nrc.nl

Economy

When flash bankruptcy shrimp processor Heiploeg, in which many people lost their jobs, according to court is not an abuse of the bankruptcy law. Which ruled the court in Almelo today.

According to the judge, the relaunch of the Groningen shrimp processors run correctly. Trade union FNV will appeal against the verdict

Direct a restart

Heiploeg went bankrupt in January 2014 and made an immediate restart with an investment of fishing enterprises Parlevliet & amp.; Van der Plas (P & amp; P). In addition, ninety employees were fired. 210 employees could continue to work towards retrenched employment at Heiploeg.

For example, atv days and older days were deleted and handed staff in their year-end bonuses.

The unions see the relaunch of the company as a transfer of undertaking. In that case, the remaining employees had to retain their employment conditions for bankruptcy. The unions are the dismissal of the ninety employees unfairly. FNV director Petra Zuidema says:

“The whole process took place in a very short time, completely out of sight of the works council and trade unions. The interests of workers played a subordinate role. The production was halted for a moment, the organizational structure is the same, customers are still the same. Therefore, we believe that there had been ‘transfer of undertaking. “

The judge ruled differently

But the judge is there so disagree. “The companies Heiploeg and its BV are only transferred to Parlevliet & amp; Van der Plas after it was declared insolvent. Leaving abuse of bankruptcy law is made is not proved, “it says in the statement.

This makes

the acquisition in accordance with the law and the EU directive expired.

“The provisions applicable to a normal transfer of an undertaking do not apply. The employees have no right to retain their jobs or working conditions “

Trade Union Director Zuidema is disappointed:

” It can not that pre-pack will be used by companies to reorganize at the expense of the working conditions of employees. “

Pre-pack procedure

The acquisition, according to a so-called pre-pack procedure expired. The silent administrator then works in secret to preparing a restart. “The retrenchment of labor was unavoidable in order to make it work by startup company profitable again, however painful for those who touch this,” said investor P & amp;. P

It is at that stage already spoken to interested candidates for acquisition. Such “flash bankruptcy ‘is also previously employed at nursery Estro, shoe chain Van Dalen and retail Harense Smid.

There is often criticized by the unions expressed on this method. Applying a pre-pack is not yet included in the Dutch law. We’re still working on legislation and there is a bill before the House

Read more about this.

bankruptcy

Flash bankruptcy

shrimp processor

Heiploeg