Whenever a merger, transfer, demerger or any other legal change is envisaged which would have the effect of calling into question an agreement or arrangement, the employers of the undertakings concerned and the trade union organisations representing the employees in the undertaking employing the employees whose employment contracts are likely to be transferred may negotiate and conclude the substitution agreement or arrangement provided for in the first paragraph of Article L. 2261-14.
The duration of this agreement may not exceed three years. The agreement or arrangement comes into force on the date of the event that led to the transfer being called into question and applies to the exclusion of the stipulations relating to the same subject of the agreements and arrangements applicable in the undertaking or establishment to which the employment contracts are transferred.
Upon expiry of this agreement or arrangement, the agreements and arrangements applicable in the undertaking or establishment to which the employees’ employment contracts have been transferred apply to these employees.