Updated HSF multi-jurisdictional guide to employee issues in business transfers

Employment law issues rarely determine the strategy for a multi-jurisdictional business acquisition, but they can certainly give rise to significant avoidable costs and delay if issues are not spotted in advance. In the Herbert Smith Freehills 2016 global survey, 57% of respondents cited employment regulations as one of the reasons a deal had failed to … Read more

Updated HSF multi-jurisdictional guide to employee issues in business transfers

We have recently updated our multi-jurisdictional guide discussing potential employee issues in business transfers (first published in October 2013). The second edition reflects the law as at February 2015. The guide is a quick reference tool covering the key legal requirements in 32 jurisdictions in EMEA, South and Central America and Asia-Pacific, in a simple … Read more

France: Transfer of employees between group companies – an update

1.    Previous practice Previously, transferring French employees to another group company (whether in France or overseas) with their consent was a fairly simple process, involving a simple tri-partite agreement between the employee, the existing group company in France and the new group employer (whether in France or elsewhere). This mechanism enabled a clear termination of … Read more

France: Law requiring employees to be informed two months in advance of an intention to sell shares or assets in small and mid-size companies (Loi ESS – 31 July 2014)

Following our earlier post on the controversial Law of 31 July 2014, setting out an obligation for small and mid-size companies to inform employees in advance of an intention to sell 50% of the assets or shares (and to give the employees the opportunity to make an offer to buy), the French Parliament has been … Read more

France: Minimum time periods for information and consultation of French works councils – longer potential periods, but more certainty?

On 27 December 2013 the French Government finally published the Decree setting out the minimum time limits for information and consultation with works councils in France in the absence of a collective agreement providing for a shorter period of consultation.  These time limits apply, for example, to consultation which is required on share sales of … Read more

France: Important changes to employment law

Last week the French Parliament adopted a major employment law which will have a significant impact on companies with a workforce in France.  Key provisions of the new law for employers include: greater certainty in relation to the timing of collective redundancies but also stricter requirements to actively seek out a buyer in the event of … Read more

Important change for hotel, café and restaurant businesses in France: automatic transfer of employees on a change in service providers

There has been an important change to the provisions of the national collective bargaining agreement applying to all hotel, café and restaurant businesses in France, following an agreement reached between the employer and employee representatives of industries in this sector on 20 March 2013. Amendment 18 to this agreement now provides that, even in the … Read more