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Dr André Wehner from PLUTA Rechtsanwalts GmbH has found a solution in the proceedings for personnel service provider Gesellschaft für Zeitarbeit und Organisationsberatung mbh (GfZ). The insolvency administrator has secured the transfer of all employees and customers to well-known company Piening GmbH. The parties involved have agreed not to disclose the terms.
In July 2022, management at GfZ filed for insolvency with the Local Court of Bielefeld due to liquidity problems. On 1 September 2022, the court opened the insolvency proceedings and appointed PLUTA restructuring expert Dr André Wehner as administrator. He had previously acted as provisional administrator for the company.
The PLUTA expert kept the business fully operational after the application for insolvency had been filed. A special aspect specific to the industry had to be borne in mind, namely that customers might be liable for outstanding social security contributions and taxes in respect of the temporary staff working for them. Dr Wehner said, “We held numerous discussions. With the support of the Local Court of Bielefeld, we were able to find a solution here that provided the legal certainty businesses needed in relation to their temporary staff. This was the only way to ensure that workers could still be assigned to customers. I would like to express my gratitude for that.” In parallel, Dr Wehner launched the process of finding an investor, which was successfully concluded within two months. All employees will receive employment contracts with Piening GmbH.
“The agreement reached and the new employment contracts for the employees are a very good outcome of the negotiations. I am especially pleased that the lengths of service of the long-standing employees will also be carried over to the new contracts,” explained the PLUTA attorney.
Family business at over 90 locations
GfZ provided personnel services in the Bielefeld region, supplying temporary staff in particular. Piening GmbH operates in the same industry and is one of Germany’s largest personnel service providers. The family business has its headquarters in Bielefeld and is present at over 90 locations. Its corporate philosophy is based on values that particularly emphasise demonstrating fairness and appreciation to employees.
Mr Frank Pöhling, regional manager at Piening GmbH, said, “We are delighted to welcome these motivated workers to our team. The discussions were very constructive.”
Dr André Wehner has extensive experience of insolvency administration and restructuring for companies in the personnel services industry. In spring 2022, the specialist attorney for insolvency and restructuring law found a buyer for VD Personaldienst based in Bielefeld. In that case, too, all employees received new employment contracts from the well-known investor.