Seminar on Employment law – Kitzbühel

Clémence COLIN was a speaker in the Employment law session at the seminar organized by AIJA in Kitzbühel from 28th to 31st January 2015 on the topic “A comprehensive view of the M&A process”.

The employers’ obligations related to employees in transfer of undertakings in M&A operations were presented from the perspective of European law and French law. The presentation focused on the information of individual employees which is not formally provided by the European directive 2001/23/EC of March 12th 2001 and French law, except in the absence of employees’ representatives, but strongly recommended.

Furthermore, the consequences of the transfer on individual employment contracts was examined, through the right of the employees to object or not.

Recent French law n°2014-856 of July 31st 2014 was also commented considering the new binding obligation of employers to inform individual employees of the transfer in order to allow them to present a purchase offer.