Employees’ right to information and the sale of a company : a sequel rather than the conclusion?

Introduced under Law n° 2014-856 of 31 July 2014 for a solidarity-based social economy (the “Hamon Law”), and modified under Law ° 2015-990 of 6 August 2015 for economic growth, activity and equal opportunity (the “Macron Law”), the requirement to inform employees of a company’s sale that is placed on small and medium businesses is two-fold.  The first, general, addresses the modalities for a company’s acquisition. The second, specific, aims at punctually informing the employees of a concrete project to sell their company. While the two decress of 28 December 2015 and 4 January 2016 brought some necessary and expected precisions, it is not certain that they sufficiently rendered the provision more comprehensible.

By Mickaël d’Allende, Partner

& Jean-Charles Moriceau, Associate