Corporate transfer

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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?

Our synthesis: Corporate transfer

 
The legislation being complex, our Lawyers carried out for you a synthesis entitled “corporate Transfer” which answers the whole of the interrogations enumerated below:
  • What does one understand by amendment in the legal situation of the employer?
  • What is what an economic entity?
  • Of what the economic entity is it made up?
  • Does the transfer also relate to the average hardware of the firm?
  • That it is incorporeal elements (patents, customers…) ? Are they transferred?
  • What does it occur in the event of transfer partial of the firm?
  • What does it do without in the event of loss a market?
  • What does it do without in the event of a service?
  • What does it do without in the event of conclusion a subcontract?
  • What does it do without in the event of hiring-management goodwills?
  • What does it do without in the event of change agent?
  • What does it do without in the event of resumption in direct management the activity entrusted to a third party?
  • What does it do without in the event of amendment the ?
  • Are the employees transferred to the transferee if the activity ceases temporarily?
  • Are the employees transferred if the firm is taken again by a right person public?
  • Does the transferred activity preserve its identity?
  • Can two operators agree on the voluntary transfer of the work contracts?
  • Can an collective agreement organize the transfer of the work contracts in the event of change of service provider?
  • Can the employee refuse the transfer of his work contract?
  • The new employer can it be opposed to the transfer of the work contracts?
  • Does the employee whose work contract was broken before the transfer pass in the new employer expertbase.netring his notice?
  • Does the employee whose work contract is suspended pass in the new employer?
  • are they transferred to the transferee?
  • Are the transferred to the transferee?
  • What becomes the transferred work contracts?
  • Does the employee preserve the advantages from which it profited in the former employer?
  • Is it possible to transfer a work contract partially?
  • On which date the transfer of the work contracts does take place it?
  • Can the staff representatives be opposed to the transfer of their work contract?
  • The new employer can it amend the transferred work contracts?
  • The old one and can the new employer intend himself to lay off employees?
  • Are the dismissals intervening within the framework of the transfer authorized?
  • Does the employee have to address to old or the new employer to ask for recalls of wages?
  • What becomes the mandates of the staff representatives following the transfer of the firm?
  • Does the collective agreement of the former employer continue to be implemented?
  • What does it occur if the new employer belongs to a different collective agreement?
  • The new employer is it held by the uses and unilateral commitments undertaken by the former employer?
Written and forwarded in a clear way, this synthesis is addressed to you, paid or employer, who seek to seriously inform you on the rules as regards Aléas of the professional life and more particularly on “corporate Transfer”


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