Section 4: Advance information of employees enabling them to make an offer in the event of the sale of a business in undertakings subject to the obligation to set up a works council

In companies subject to the obligation to set up a works council pursuant to article L. 2322-1 of the Labour Code and which, at the close of the last financial year, fell into the category of small and medium-sized enterprises within the meaning of article 51 of Law no. 2008-776 of 4 August 2008 on the modernisation of the economy, when it wants to sell a business, its owner notifies…

At their request, employees may be assisted by a representative of the regional chamber of commerce and industry, the regional chamber of agriculture, the regional chamber of trades and crafts territorially competent in connection with the regional chambers of the social and solidarity economy and by any person designated by the employees, under conditions defined by decree.

Information may be provided to employees by any means, specified by regulation, likely to make the date of its receipt by the employees certain. When the information is made by registered letter with acknowledgement of receipt, the date of receipt of the information is the date of first presentation of the letter. Employees are bound by an obligation of discretion with regard to information received pursuant to this section, under…

The sale is again subject to articles L. 141-28 to L. 141-30 when it occurs more than two years after the date on which all employees were informed of the sale. If during this two-year period the works council is consulted, pursuant to article L. 2323-33 of the French Labour Code, on a proposed sale of the business, the running of this two-year period is suspended between the date on…

This section shall not apply: 1° In the event of the sale of the business to a spouse, ascendant or descendant; 2° To businesses that are the subject of conciliation, safeguard, receivership or liquidation proceedings governed by Book VI; 3° If, during the twelve months preceding the sale, the sale has already been the subject of information pursuant to article 18 de la loi n° 2014-856 du 31 juillet 2014…