List of provisionally acknowledged and provisionally ... - Stibbe

Doss .m . 1021635 / Doem . 10481798
Uitdraaidatum : 20-10-2009 16 :32 uur
Stichting Private Pension Scheme
The receivers have provisionally acknowledged ("voorlopig erkend") this claim, but
expressly state as follows . This is a claim filed by all employees who worked at Indover's
office in Amsterdam when Indover was declared bankrupt . The claim relates to the costs of
a reasonable redundancy scheme . According to Dutch bankruptcy law, employees can be
dismissed by the receiver with due observance of a notice period of (only) six weeks
without being entitled to any redundancy scheme . Indover had many (older) employees in
Amsterdam who had been employed with Indover for a long time . Pursuant to the law, even
those employees could be dismissed by the receivers within a notice period of six weeks
and without any compensation . The receivers did not just do so, but consulted the
employees, represented by the Works Council, about a possible solution within the
framework of the consultation process of the Works Council during the emergency
regulation and prior to the bankruptcy . This was not only desirable from a social point of
view, but also because the employees' cooperation and loyalty was extremely important in
order to wind up Indover's estate as properly and as orderly as possible . The receivers were
of the opinion that they did not have the For the time being, the receivers have
acknowledged this claim, but emphatically state as follows .
freedom to promise the
employees any kind of redundancy scheme . After all, they would then be creating costs for
the creditors that are not theirs according to the law . In the opinion of the receivers, the
creditors would have to take that decision . That is why the receivers agreed with the Works
Council that they would allow a claim for the costs of a proper redundancy scheme in the
list of creditors and provisionally acknowledge such claim . Each creditor who does not
want to agree to such a redundancy scheme will thus be given the opportunity to file an
objection . However, the receivers emphatically recommend that the creditors agree to the
redundancy scheme and do not object to the claim filed in this respect . To put it briefly, the
receivers' arguments are as follows :
a .
b .
C .
From a social point of view, it is hard to accept that employees with a (mostly) long
to very long employment period would be dismissed without any redundancy
payment within only six weeks ;
This applies all the more since, in this case, the ordinary, unsecured creditors in
Indover's bankruptcy are likely to receive payment of a large part of their claim ;
These creditors have the Indover employees to thank for this, at least partly, because
of the loner's loyalty and commitment during the winding up of the bankruptcy ;
Indover's employees in Germany, however, are entitled to damages according to
applicable German law, so that this would entail an undesirable inequality if no
redundancy settlement was awarded to the Dutch employees .
STASM104817981