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Download as PDFTwo months after Bielefeld-based personnel service provider vd Personaldienst GmbH filed for insolvency, administrator Dr André Wehner from PLUTA Rechtsanwalts GmbH has succeeded in saving all the jobs. TEMPTON Personaldienstleistungen GmbH has offered employment to all members of staff. By taking over this competitor, Essen-based TEMPTON, one of the largest German temping agencies, is expanding its footprint in East Westphalia.
Broad customer base
vd Personaldienst GmbH has been operating in Bielefeld and the Gütersloh district, in the field of employee leasing in the commercial sector, for 23 years. Its clients are in the automotive, media, metal processing, pharmaceutical and cosmetics industries.
Causes of the corporate crisis
Due to the development of the labour market in Germany, it has become increasingly difficult and time-consuming to find and retain employees for the temporary staffing sector. Therefore, the company had to refuse orders owing to staff shortages, which led to a drop in sales. Ultimately, it was no longer able to operate profitably. On the advice of Bielefeld-based attorney Dr Jan-Frederik Hellmann, Mr Marcel Westphal, managing director of vd Personaldienst GmbH, therefore decided to file for insolvency in anticipation of imminent illiquidity.
Insolvency proceedings and solution
Subsequently, on 8 March 2022, the Local Court of Bielefeld appointed Dr André Wehner from PLUTA Rechtsanwalts GmbH as provisional administrator. Dr Wehner initially kept the business operational. Staff and customers alike have been persuaded that the steps taken and the course set are correct. “The managing director actually wanted to withdraw from the business, but also wanted to achieve the best possible outcome for his employees. Therefore it soon became clear that we would have to look for another solution for the employees and customers of vd Personaldienst GmbH at short notice,” said the insolvency administrator. After a short but intensive search for an investor, TEMPTON was finally selected. On 1 May 2022, the Local Court of Bielefeld opened insolvency proceedings and appointed attorney Dr Wehner as administrator. Since then, all employees and customers have been transferred to TEMPTON, thus relieving the insolvency estate of considerable liabilities under the employment contracts, which will have a positive effect on the insolvency dividend to be paid to creditors.
The managing director of vd Personaldienst GmbH is satisfied: “I am very pleased that we succeeded in reaching an agreement with such a highly professional company as the TEMPTON Group in such a short time,” said Mr Westphal.
Continuity for customers and staff
“TEMPTON will warmly welcome the motivated employees of vd Personaldienst GmbH. Moreover, thanks to its experience, size and professionalism, TEMPTON will also be a reliable, first-class partner for vd Personaldienst GmbH’s customers going forward. It is thanks to the great work of the PLUTA team that we have managed to transfer 100% of customer relationships,” said Mr Oliver Hecker, managing partner of TEMPTON.
List of those responsible
PLUTA: Dr André Wehner (insolvency administrator), Mr Tim Austmeyer
TEMPTON: Dr Sven Tischendorf, Ms Giesela Kopka, Mr Oliver Hecker (all in-house experts)
PLUTA expert
Dr. André Wehner
Rechtsanwalt, Fachanwalt für Insolvenz- und Sanierungsrecht
Tim Austmeyer
Diplom-Wirtschaftsjurist (FH), Tax Consultant