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    Business transfer

    Area of expertise

    Dalan’s team possesses in-depth expertise in all aspects of business transfer.

    The support we give is marked by its effectiveness and the fact we put the interests of the client centre stage. We achieve this because of our solid professional and specialist approach where we employ digital solutions as templates and utilise our optimised, experiential search archive.

    The support we give is marked by its effectiveness and the fact we put the interests of the client centre stage. We achieve this because of our solid professional and specialist approach where we employ digital solutions as templates and utilise our optimised, experiential search archive.

    We advise international and Norwegian clients alike, as well as employees and trade unions.

    The Working Environment Act contains provisions governing business transfers, which may refer to the acquisition by one employer of another business, or to the merger of two enterprises.

    The specific rules on business transfer enshrined in the Working Environment Act are in turn based on EU legislation, in particular the Business Transfer Directive (2001/23/EC).

    The business transfer regulations ensure that an employee’s rights in the workplace are not diminished by the transfer. They include, inter alia, a prohibition against dismissal due to the transfer as well as a continuing right to the same terms of pay and working conditions. Furthermore, the set of rules include duties of information and consultation, and regulations governing preferential rights and the right of reservation. Finally, several collective agreements include duties of information and consultation where business transfers are concerned.

    The rules governing business transfer do not apply as such when ownership positions are transferred. Moreover, the rules prescribe that the transferred busines constitutes an independent economic entity, and that the transfer has a form of contractual basis and that the transferred business is in essence the same before and after transfer. These terms give rise to complex considerations as to whether the transfer falls within the rules or not. It is therefore vital that one receives relevant and correct advice in the course of such processes.

    Our expertise includes the following:

    • Advice for businesses whether they are transferring or acquiring.
    • Assistance when questions relating to business transfer become major issues for both employers and employees.
    • Disputes and procedural assignments.

    Svein Steinfeld Jervell
    Partner

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    Tonje Liavaag
    Partner

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    See the whole team