Key Benefits:
Publics concerned: business enterprises of less than 250 employees.
Subject: information of employees of the assignment of the trade fund or of the majority of the shares, shares or securities of their business.
Entry into force: The text applies to transfers made effective November 1, 2014. It specifies its conditions of application to ongoing operations.
Notice: the decree is taken for the application of the provisions of the Act No. 2014-856 of 31 July 2014 relative to the social and solidarity economy facilitating the transmission of companies to their employees. It specifies the concept of assignment referred to by law. It supplements the regulatory part of the trade code to specify the terms and conditions of information of employees of the owner's will to assign his business. It provides that the employee interested in the resumption of his business informs the head of business that he is assisted by a person of his choice. The latter will be subject to a confidentiality obligation. It states that an assignment acting after an exclusive negotiation is not subject to the pre-employee information requirements if the exclusive bargaining contract was entered into before November 1, 2014.
References: the provisions of Trade code are available on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Economy, Industry and Digital Affairs,
Vu le Trade codeincluding articles L. 141-23 to L. 141-25, L. 141-28 to L. 141-30, L. 23-10-1 to L. 23-10-3 and L. 23-10-7 to L. 23-10-9;
Vu la Act No. 2014-856 of 31 July 2014 relating to the social and solidarity economy, including its article 98,
Decrete:
The regulatory part of the trade code is thus amended:
1° Chapter I of Book I title IV is supplemented by three articles as follows:
"D. 141-3.-The two-month period referred to in the first paragraph of section L. 141-23 of this code is estimated with respect to the date of assignment, as the date on which the transfer of ownership is effected.
"D. 141-4.-The information of employees referred to in sections L. 141-25 and L. 141-30 may be carried out as follows:
« 1° During an information meeting of employees after which they sign the register of attendance at the meeting;
« 2° By a display. The date of receipt of the information is the date of the employee's receipt of the information on a register accompanied by his signature attesting that he became aware of this display;
« 3° By e-mail, provided that the date of receipt can be certified;
« 4° By handover, against demarcation or receipt, of a written document mentioning the required information;
« 5° By registered letter with request for notice of receipt. The date of receipt is that which is affixed by the administration of the posts when the letter is delivered to the recipient;
« 6° By extrajudicial act;
« 7° By any other means to make sure the date of receipt.
"D. 141-5.-The employee shall inform the operator as soon as possible and by any means when the employee is assisted in accordance with sections L. 141-24 and L. 141-29. The person who assists the employee is required to have a confidentiality obligation with respect to the information that the employee receives. » ;
2° Title III of Book II is supplemented by a chapter X as follows:
“Chapter X
"Information of employees in the event of their company's transfer
"D. 23-10-1.-The two-month period referred to in the first paragraph of section L. 23-10-1 of this code is estimated with respect to the date of assignment, as is the date on which the transfer of ownership occurs.
"D. 23-10-2.-The information of employees referred to in sections L. 23-10-3 and L. 23-10-9 may be carried out as follows:
« 1° During an information meeting of employees after which they sign the register of attendance at the meeting;
« 2° By a display. The date of receipt of the information is the date of the employee's receipt of the information on a register accompanied by his signature attesting that he became aware of this display;
« 3° By e-mail, provided that the date of receipt can be certified;
« 4° By handover, against demarcation or receipt, of a written document mentioning the required information;
« 5° By registered letter with request for notice of receipt. The date of receipt is that which is affixed by the administration of the posts when the letter is delivered to the recipient;
« 6° By extrajudicial act;
« 7° By any other means to make sure the date of receipt.
"D. 23-10-3.-The employee shall inform, as soon as possible and by any means, the head of business when he is assisted in accordance with Articles L. 23-10-2 and L. 23-10-8. The person who assists the employee is required to have a confidentiality obligation with respect to the information that the employee receives. »
An assignment acting after an exclusive contracted negotiation is not subject to the pre-employed information requirements if the exclusive contract was entered into before November 1, 2014.
The Minister of Justice, the Minister of Economy, Industry and Digital Affairs and the Secretary of State for Trade, Crafts, Consumer Affairs and Social and Solidarity Economy are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 28 October 2014.
Manuel Valls
By the Prime Minister:
Minister of Economy, Industry and Digital,
Emmanuel Macron
The Seal Guard, Minister of Justice,
Christiane Taubira
The State Secretary for Trade, Crafts, Consumer Affairs and Social and Solidarity Economy,
Carole Delga
