CONNECTED WORK AND COMPANY SALE
By company transfer we mean any operation which, following a contractual assignment or merger, involves the change in the ownership of the organized economic activity, with or without profit, pre-existing to the transfer and which retains its identity in the transfer regardless of the type of negotiation or the provision on the basis of which the transfer is implemented, including usufruct or business lease. The provisions also apply to the transfer of part of the company (branch).
It constitutes a branch of the company a functionally autonomous articulation of an organized economic activity, identified as such by the transferor and the transferee at the time of its transfer and must, according to the jurisprudence, be able to function autonomously, to the point of being able to be separable from the whole business complex, both in terms of production and management and organization, managing to independently produce a good to be placed on the market.
The transferor and the transferee, if the transfer involves more than 15 employees (the calculation does not include apprentices, those hired with a training and work contract, those hired with a reintegration contract, employees hired after an experience in socially useful jobs, etc.), must give written notice at least 25 days before the deed of transfer is finalized or a binding agreement is reached, to the RSA or, failing that, to the territorial category structures.
The disclosure it must concern the date of the transfer, the reasons, the legal consequences for the workers and the measures envisaged for them.
