Expert report to analyze the transfer of an Autonomous Production Unit (UPA) of a company in the telecommunications sector
Context:
The UPA had been transferred from Company 1 to Company 2 on a specific date. Subsequent to the transfer of the UPA, several unions filed a lawsuit against the companies involved in the transfer. Our report was issued to analyze the transfer of the UPA, and to verify that the UPA had indeed been transferred and was capable of performing its functions on its own. The report was prepared to be submitted to the collective conflict proceeding before the National Court, with the purpose of analyzing the points described above.
How we helped:
During the project, for the preparation of our report, we analyzed:
- The economic activity and business transmitted, its pre-existence and its operations.
- The material, immaterial and human resources necessary to carry out the transferred economic activity.
- The transfer of the UPA from company 1 to company 2, as well as the market context and the situation of the Group, which led to a change in its strategy, making the activity of the UPA “non-strategic” and, therefore, a potential activity subject to divestment and/or outsourcing.
- The benefits of the transfer of the UPA for all parties involved.
- Whether the elements were finally transferred, in order to assess whether there had been a transfer of an UPA capable developing the economic activity on its own.
- The continuity of the activity and its evolution since the transfer of the UPA. The main indicators (KPIs) that measure the activity of the transferred UPA were analyzed and it was found that the activity had continued to operate normally after the configuration of the UPA and after its transfer, which pointed to the correct transfer of the UPA and the correct operation of the service.
Once our expert report had been prepared, we explained and defended it in court.
Result: