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Section 4a: Obligation to look for a buyer in the event of the planned closure of an establishment

Article L1233-57-9 of the French Labour Code

When it is considering closing an establishment which would result in a mass redundancy project, the undertaking referred to in article L. 1233-71 convenes and informs the Social and Economic Committee, at the latest at the start of the information and consultation procedure provided for in article L. 1233-30.

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Article L1233-57-10 of the French Labour Code

Together with the notice of the meeting provided for in article L. 1233-57-9, the employer shall send the employee representatives all relevant information on the proposed closure of the establishment. In particular, it shall indicate: 1° The economic, financial or technical reasons for the proposed closure; 2° The steps it intends to take to find a buyer; 3° The possibilities for employees to submit a takeover offer, the various possible…

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Article L1233-57-11 of the French Labour Code

In undertakings with a central undertaking social and economic committee, the employer convenes and informs the central social and economic committee and the establishment social and economic committees concerned whenever the measures envisaged exceed the powers of the heads of the establishments concerned or concern several establishments simultaneously. In this case, the establishment social and economic committees hold their meeting after the meeting of the central company social and economic…

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Article L1233-57-12 of the French Labour Code

The employer shall notify the administrative authority without delay of any plan to close an establishment referred to in Article L. 1233-57-9. All the information mentioned in article L. 1233-57-10 shall be sent simultaneously to the administrative authority. The employer shall also send it the minutes of the meeting referred to in article L. 1233-57-9, as well as any information concerning the convening, agenda and holding of this meeting.

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Article L1233-57-14 of the French Labour Code

An employer who has informed the social and economic committee of a plan to close a plant must look for a buyer. The employer is required to 1° Inform potential buyers, by any appropriate means, of its intention to sell the business; 2° Immediately produce a document presenting the business to potential buyers; 3° Where applicable, initiate the environmental assessment referred to in article L. 623-1 of the French Commercial…

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Article L1233-57-15 of the French Labour Code

The Social and Economic Committee is informed of formal takeover offers no later than eight days after receipt. The information communicated to it in this respect is deemed to be confidential under the conditions set out in article L. 2325-5. It may issue an opinion within the timeframes provided for in Article L. 1233-30, participate in the search for a buyer and make proposals.

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Article L1233-57-17 of the French Labour Code

The social and economic committee can call on the assistance of an expert of its choice, paid for by the company. The task of this expert is to analyse the process of finding a buyer, its methodology and scope, to assess the information made available to potential buyers, to study takeover offers and to provide assistance in the search for a buyer by the social and economic committee and in…

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Article L1233-57-18 of the French Labour Code

In companies with a central company social and economic committee, the establishment social and economic committees exercise the powers entrusted to the social and economic committee pursuant to Articles L. 1233-57-15 to L. 1233-57-17, L. 1233-57-19 and L. 1233-57-20, within the limits of the powers entrusted to the heads of these establishments.

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