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New : the employee’s right to information


SOCIAL AND SOLIDARITY ECONOMY ACT OF 31st JULY 2014
N°2014-856 ( ARTICLE 19 et 20 )


Jean Pierre Coron
partner
corporate law

Julien Soy
jurist

The social and solidarity economy act of 31st July 2014 establishes the employee’s right to information in case of transfering a company. This right to information takes place upstream – at least 2 months before the transfer. Close attention should be focused on it by company managers due to the extreme sanction incurred, i.e nullity of the transfer can be claimed by any employee.
Applicable since 1st November 2014, this legislation raises many questions. The implementing decree n° 2014-1254 published on 28th October 2014 has answered some of these questions, as well as the practical guide prepared by the Enterprise Directorate-General and made available by the Ministry of Economy.