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Employees transfers in France

I was hoping someone in this network may have experience or knowledge of employee transfers in France, specifically in the business to business sector where contracts are won and lost and in a call centre type business unit where some people but not all maybe wholly assigned but other assets such as the property, management etc are not. I have obtained legal advice and the legal definitions of what constitutes a transfer for my specific case but the common theme appears to be that in this environment and set up in France it would be unlikely to apply in most cases as it will never meet the definition of an autonomous entity and the specific objectives do tend to be generic irrespective of client. I am wanting to do some future thinking around how we plan our resources in Europe and some HR insight into this business/employment scenario would be great or better still someone who would be keen to network on French and other European country HR people matters as part of their CPD .

 

 

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  • Sue

    Many of the provisions of TUPE, with which you are familiar in the UK, arise trom the 1977 European Directive (modified in 2001) on workers rights in the event of transfer. These provisions supercede national legislation - even in France......

    Attached in a zip file is a copy of the 2001 directive (in English), which my help you.

    Within my own organisation we regularly acquire and sell of parts of our activity (not just in France) and the main issues we have arise when people move from a company covered by one branch of collective agreement to a different branch. Ultimately, you will be required to propose a transposition of employment conditions that "in their globality" are not inferior to the previous conditions. Comparisons are not made on an item for item basis.

    Not a full and complete answer, but I hope it helps.

  • Many thanks for your help Ray. Some helpful points. Kind regards Sue