\n
\n The Sandd Franchisees Association (VFS) is fighting in court
\n Rotterdam announces the decision of State Secretary Mona Keijzer to de
\n post-merger between PostNL and Sandd. The VFS blames the
\n minister to have made a careless weighing of interests. The
\n The position of the nine franchisees is completely ignored
\n through and after her decision. \u201cWhere Secretary of State Keijzer with the
\n bill for the Franchise Franchisees Act against
\n wants to protect franchisors, she lets in Sandd’s franchisees
\n standing out in the cold\u201d, said Mario de Koning of the VFS.
\n <\/b><\/p>\n
Initially, the proposed merger was prohibited by the Consumer Authority
\n and Markt because a monopolist would emerge on the postal market.
\n State Secretary Keijzer rejected that ban by using
\n Article 47 of the Competition Act. She did, however, attach some conditions
\n On. For example, the merger must not cause a shock effect in the postal market and must
\n transition gradually. In that regard, the eleven thousand
\n deliverers who are now employed by Sandd will be employed by PostNL and
\n in this way the ‘vulnerable in society’ are protected.\n<\/p>\n
\n The nine franchisees, who own more than 20% of Sandd’s network
\n operate, however, fall by the wayside. In fact, Sandd is after one
\n blatant breach of contract without adequate compensation for her
\n franchisees. These SME companies employ 3,000 mail deliverers
\n with an OVO contract and employs four hundred and fifty employees. It
\n could result in them being without any form of transition compensation and
\n guidance are dismissed. The majority of the merger is due to the merger
\n these ‘forget’ people to be on the street on February 1 or March 1
\n 2020. Finally, not PostNL NV but PostNL Holding BV appears to be the
\n acquiring party. This is contrary to Keijzer’s decision. PostNL
\n NV is supervised by DNB and AFM, while PostNL Holding BV is not.\n<\/p>\n
\n
\n What does the VFS want?<\/b>\n<\/p>\n
\n The VFS is challenging the decision as long as the following is not met
\n conditions.\n<\/p>\n
\n 1. The franchisees will be entitled to the transitional arrangement for a
\n shocks to the postal market.\n<\/p>\n
\n 2. In this transitional arrangement, the existing franchise contracts, which
\n not expire until three or four years from now. That is an alternative
\n the franchisees receive a market compensation.\n<\/p>\n
\n 3. This compensation includes an amount for the redundant employees
\n sufficient guidance and offer a transition payment.\n<\/p>\n
\n 4. In the spirit of the decision, PostNL\/Sandd takes the interests into account
\n of the three thousand mail deliverers, just as was done with the
\n Sandd delivery drivers.\n<\/p>\n
<\/p>\n
\nmr. AW Dolphijn \u2013 franchise lawyer
\n\n<\/p>\n
\nLudwig & Van Dam Franchise attorneys, franchise legal advice. Want
\nyou respond?\n<\/p>\n