My employer is selling his business: what are my rights as an employee?

The sale of a business is one of the major developments that can disrupt employees’ professional lives. When the owner decides to sell their company, a thorough assessment is required to understand your rights, your protections, and the steps to consider to secure your career path. This transition, often perceived as a risk, can also represent an opportunity that should not be overlooked. However, the path to securing your rights and maintaining working conditions is a real challenge that requires vigilance and precise information. Here’s a rundown: from the obligation to inform employees to the management of employment contracts, including the possibilities for collective bargaining and mobility support, each step is crucial to ensuring job continuity and worker protection.

The sale of a business does not necessarily mean a sudden disruption of existing contracts and benefits. Through a clear legislative framework, labor law provides a certain balance in the face of uncertainty. Yet, there are many nuances. What are employees’ rights? To what extent can dismissal occur? How can we set limits on the changes imposed by the new employer without losing what we’ve already achieved? These are all questions that need to be answered to prevent this period of uncertainty from becoming a back door to the rollback of protections. To achieve this, evaluating the services offered, relying on solid collective bargaining, and staying informed are all best practices to prioritize.

Knowing your rights is a major challenge for all affected employees. Don’t hesitate to consult representative bodies or seek specialized legal advice to avoid common pitfalls and consider possible legal alternatives. Your professional future begins today, from the moment the sale is announced, with a clear-eyed look at the concrete impacts as well as the prospects for development, whether negotiated or sought elsewhere. Here is a complete guide to choosing the best approach and securing your professional devices in this changing context.

Employer Obligations: Prior Information and Consultation of Employees During a Business Transfer

The first crucial step when your employer is considering the sale of their business is informing employees. This legal obligation aims to ensure that no one is caught off guard. Since the 2015 Macron Law, employers must inform their employees, in writing or orally, at least two months before the actual sale. This period was established to allow for review of the proposed sale and encourage employees to make an informed decision.Specifically, this information must include:The precise nature of the transaction (partial or total sale).

The foreseeable consequences on employment contracts.

• Potential changes related to the new buyer.
• In companies with more than 50 employees, the
• Social and Economic Committee (CSE)

plays a key role. It must be consulted to provide an opinion on the proposed sale—a consultation that must take place within a strict framework and comply with legal deadlines. This right to information does not apply in certain specific cases, including sales of family businesses to an ascendant, descendant, or spouse, or in the event of collective proceedings (safeguard procedures, receivership, or liquidation). In the event of non-compliance, the employer risks a civil fine of up to 2% of the total transaction amount, which underscores how seriously the law takes this point. Here is a table summarizing the information obligations: 💼 Element

📅 Deadline

📋 Content

This principle of contract transfer guarantees, in particular:

Preserved seniority, a key element for calculating future benefits and rights.

Working conditions and compensation unchanged by the simple fact of the transfer. Maintenance of acquired benefits: bonuses, paid leave, group plans, etc. To make this more concrete, here is a summary table of the rights maintained:🛡️ Retained Right

🔍 Description

• 🚩 Importance for the employee Seniority
• Time spent at the original companyDetermines compensation and rights
• Remuneration Base salary and related benefits
• Guarantees maintenance of standard of living Paid leave

Acquired days transferred in full

Submitting a Collective Purchase Offer : Within the two-month period following notification, employees can consider purchasing the company themselves or with a partner. This process requires good governance and often legal support. 🤝

Collective Bargaining

: This step allows for the renegotiation of working conditions in the presence of employee representatives, in order to best adapt the transition. ⛔ Rejecting Substantial Contract Changes : The employee must approve any significant changes (e.g., a change of workplace outside their usual sector). Refusal may result in redundancy, but with all the associated protective procedures. Vigilance is required, as these situations are often sources of tension. Knowing how to weigh the pros and cons, anticipating the consequences, and surrounding yourself with experts is key. Here is a summary table of the options and consequences:🔑 Option

🔄 Deadline

⚠️ Consequences ✔️ Advice Submit a purchase offer

Within 2 months of receiving the information

• Can save the job and the company Get legal support Collective bargaining
• Before the actual transfer Readjustment of working conditions Mobilize employee representatives
• Refusal of contract modification At any time if proposed Risk of redundancy

Know your rights precisely

Respect for employee rightsSeverance pay Calculated according to seniority and salary Justified financial compensationMobility support

Promote return to work

Furthermore, protected employees benefit from enhanced protection against dismissal. Failure to follow these steps opens the door to legal recourse, which often protects the employee against unfair dismissal. To secure this phase, it is more essential than ever to refer to reliable sources such as Nubiz or Fruits du Savoir, which clearly detail the protection mechanisms to be applied.Reorganizations and career prospects after the sale: remain proactive to seize opportunities

A change of ownership necessarily brings new dynamics to the company. The sale should not be seen solely as a threat but also as a potential opportunity. When a professional reorganization is planned, it must be seen as an opportunity for negotiation and advancement.

• Employees can:
• 🔄 Negotiate new, more suitable working conditions.📈 Explore opportunities for advancement to other positions. 🔍 Consider a career change or business start-up.
• 🤝 Take advantage of the new environment for training or internal mobility.To this end, staying in contact with representative bodies and the new employer is crucial. Smooth communication avoids misunderstandings and helps build a viable professional future. Here is a table summarizing the possible career paths: 🛠️ Option

🔎 Description

Autonomy and independence

Faced with these transformations, don’t delay: this informed choice guarantees you better control of your career path. Valuable advice on this aspect is available on My Professional Company . Discover employee rights, an essential resource for understanding your workplace protections, responsibilities, and benefits. Learn about labor laws, fair working conditions, and what you can do to defend your rights in the workplace.Pitfalls to avoid during a business transfer and how to protect yourself effectively

In the whirlwind of a business transfer, certain pitfalls are to be feared, which can threaten

worker protection. Among them: ⚠️ Lack of or delay in informing employees, which deprives them of time to reflect. 📉 Changes imposed unilaterally without consultation or negotiation.

🕵️‍♂️ The temptation for the new employer to take advantage of the sale to implement a constructive dismissal.

• 💼 Unclear guidance on mobility support and redeployment. To protect yourself, the following best practices should be applied:
• 📚 Stay informed regularly, using reliable and up-to-date sources.
• 🤝 Strengthen collective bargaining through dialogue with representatives.
• 👩‍⚖️ Seek the assistance of a specialized lawyer to assert your rights.

🔐 Use secure digital solutions to secure documents and communications (see

Lack of support Mobility planTraining, reassignment, external assistance

https://www.youtube.com/watch?v=f6SPELbRF_M

Resources and supports available to employees during transfer It is essential not to feel isolated when faced with the complexity of a business sale. Fortunately, several resources are available to support employees:🏢 Staff representative bodies (CSE, union delegates), the first relays of information and negotiation.

• ⚖️ Advice from lawyers specializing in social law to personalize the defense of rights.
• 📚 Online platforms offering practical sheets and up-to-date guides, for example
• economy.gouv.fr
• Or

lawyers-lebouard.fr

• .
• 📞 Telephone information services and unions.
• 🖥️ Secure digital solutions for storing and exchanging documents (see also
• expression within business ).A table details the types of aid and their role:

👥 Resource

Securing exchanges and documents

Never go without information or support: the balance between vigilance and proactivity is your best ally. To learn more, also discover these online resources at

Altimate

• And
• Noémie Le Bouard
• . Discover employee rights, including protection against discrimination, the right to a safe working environment, and employer obligations. Learn about your rights to ensure fair treatment at work. FAQs about employee rights when selling a business What are my main rights when my employer sells their business?You have the right to prior information, to maintain your employment contracts with all your acquired rights, and to protection against unjustified dismissals related to the sale.
• What should I do if the new employer proposes a significant change to my contract?
• You must be consulted and give your consent. Refusal may constitute grounds for redundancy, but within a strict legal framework. It is advisable to seek specialist advice before making any decision. Can I submit an offer to buy the business?Yes, within two months of the official notification, you can organize a collective or backed offer to take over the business. This process requires careful preparation and legal support. What recourse do I have if my rights are not respected?

You can file a complaint with the labor court, inform the employee representatives, or seek specialized legal advice to defend your interests and enforce the law.

Écrit par

Kevin Grillot

Consultant Webmarketing & Expert SEO.