40-Country Employment Transfer Project

CHALLENGE

Our client planned to acquire a division of a large multinational company in a “carve-out,” requiring the set-up of companies, transfer of business and transfer of employees in approximately 40 different jurisdictions. The company sought assistance to execute legally compliant transfers of employment in all countries simultaneous with the main acquisition closing, and subsequent country asset transfer closings.

SOLUTION

The international employment team, with their expertise in multi- jurisdictional integration projects, served as the single point of contact for the legal support to effectuate the transfers in all jurisdictions. Mapping out the process steps and timing for HR and the client’s business integration team for all the jurisdictions, the team took a lead role in planning the transfers with the seller’s transition team. The team advised the client on automatic transfer regulations (TUPE), works council and union consultations, termination and onboarding requirements, and the benefits harmonization process. The team prepared materials for and guided the client through works council consultations in multiple countries, and prepared relevant document to support the employment transfer of almost 800 employees.

RESULTS

On the principal closing, all employee transfers occurred on time and seamlessly. The business integration team received legal guidance and employment law support in an efficient manner with our one firm contact approach, greatly simplifying their efforts to comply with the employment transfer legal requirements in 40 jurisdictions.