Corporate transfer

Very undertaken can one being day yielded, to be the subject of a merger… One more generally speaks about “corporate transfer”, or “amendment in the legal situation of the employer”.

• What means this concept precisely?

The corporate transfer can also result from the applicable collective agreement, or a Convention concluded voluntarily between two successive operators.

The law provides for in such situations the transfer of the work contracts to the new employer.

• Which are the contracts concerned?
• The new employer can it amend the transferred work contracts?
• Is it possible to lay off employees within the framework of a corporate transfer?

The collective statute of the employees is upset by this transfer.

• What becomes the applicable collective agreement?
• Which is the fate reserved upon the uses and unilateral engagements of the employer?
• Are the mandates of the staff representatives also transferred?

Expatriation/detachment

The employee can be affected abroad for a more or less long period. According to the case, it will be of a detachment or an expatriation. The only difference between these 2 statutes lies in the social protection of the employee.

The work contract takes an international character then.

• Which are its characteristics?
• With which law it is forwarded?
• Which is the court of competent jurisdiction in the event of litigation?
• What does it occur in the event of breach of agreement? Does the employee have obligatorily to be reinstated in France?
• Which is the statute of the paid envoy abroad (remuneration, vacation…) ?

According to whether it is detached or expatriated, the employee abroad profits from a different social protection.

• How to distinguish expatriation and detachment?
• Which is the regime applicable to each situation?
• How the employee is covered in the event of job loss?

• Models of letters
• Models of contracts