Chapter IV: Transfer of the employment contract.

In the event of a change in the legal status of the employer, in particular by succession, sale, merger, conversion of the business or incorporation of the company, all employment contracts in force on the date of the change shall survive between the new employer and the company’s employees.

The new employer is bound, with regard to the employees whose employment contracts remain in force, by the obligations incumbent on the former employer on the date of the change, except in the following cases: 1° Safeguard, receivership or compulsory liquidation proceedings ; 2° Substitution of employers without any agreement between them. The first employer reimburses the sums paid by the new employer, due on the date of the change,…

When the activity of an economic entity employing employees under private law is taken over by a public entity as part of a public administrative service, it is the responsibility of this public entity to offer these employees a contract under public law, for a fixed or indefinite period depending on the nature of the contract they hold. Unless otherwise provided by law or by the general terms and conditions…

Subject to the application of special legislative or regulatory provisions, when the activity of a public law legal entity employing non-tenured public law employees is taken over by a private law legal entity or by a public law body managing a public industrial and commercial service, this legal entity or body offers these employees a contract governed by this code. The proposed contract shall include the substantial clauses of the…

Where an extended branch agreement provides for and organises the continuation of employment contracts in the event of a succession of companies in the performance of a contract, the employees of the new service provider cannot usefully invoke differences in remuneration resulting from advantages obtained, prior to the change of service provider, by the employees whose employment contracts have been continued.

A decree of the Conseil d’Etat shall determine the application of articles L. 1224-1 and L. 1224-2.