European Restructuring Monitor (ERM)
Eurofound's ERM database on restructuring-related legal regulations provides information on regulations in the Member States of the European Union and Norway which are explicitly or implicitly linked to anticipating and managing change.
Art.L.127-6
Employers of the transferred company (the 'transferor') and of the buyer company (the 'transferee') are obliged to provide employees' representatives with information (irrespective of company size) on:
This information must be given by the transferor in good time before the transfer is carried out. It must also be given by the transferee in good time and in any case before the employees are directly affected by the transfer as regards their conditions of employment. Moreover, when the transferor or the transferee envisages measures in relation to the employees, they must consult their representatives in good time on such measures with a view to reaching an agreement.
In transnational restructuring processes, there must be a transnational information and consultation process when circumstances would considerably affect the interests of the workers and especially in the case of offshoring, close-down or collective redundancies.
The transferor has to inform the employees’ representatives in due time to allow them to express their view in due time. If the employees’ representatives give an opinion, the transferor has to give an answer with justifications in due time. If there are no employees' representatives in the company, the employees concerned by the transfer have to be informed previously and in writing on the date and the grounds of the transfer, on the legal, economic and social consequences for the employees and on the measures foreseen.
No information available.
Eurofound (2015), Luxembourg: Staff information and consultation on business transfers, Restructuring legislation database, Dublin, https://apps.eurofound.europa.eu/legislationdb/staff-information-and-consultation-on-business-transfers/luxembourg
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