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Training institution
Hans van Mens and Véronique Zielinski assisted a major training institution which wished to outsource its catering activities.
It was concluded that this was a 'Business Transfer'. A consequence was the question as to which CAO (collective employment agreement) would apply to the catering staff. The employee participation aspect also played a significant role in this context. An ancillary problem was what would happen if the contract with the caterer would be terminated after five years and a contract would be signed with a different caterer, or that the training institution would decide to run the catering itself again. In the end the training institute decided not to sign a contract with what was apparently the most attractive caterer, because this caterer was insufficiently mindful of the aforementioned aspects, and the training institution entered into a relationship with a different caterer.
For this outsourcing the training institution had also undertaken a tendering procedure which turned out to be imperfect because of inadequate third party advice; this caused problems with determining which caterer should be awarded the tender.
About AKD
Employing a team of 230 lawyers and civil-law notaries, AKD is one of the largest legal services providers in the Netherlands. Based on a comprehensive service model and a personal approach, the firm provides high-quality services to its clients in virtually all legal areas. AKD maintains branches in Amsterdam, Breda, Eindhoven, Rotterdam and Brussels.
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