In 2014, the Supreme Court of France ruled that the termination could only be valid by mutual agreement if the procedure described in the authorized judgment of the labour code was respected. Under this procedure, workers receive compensation at least equal to what they would have received in the event of dismissal. This alone has created a cloud of uncertainty around intragroup transfers into the country. Once these agreements are concluded, all parties agree that the initial employment contract A) will be transferred to the new employer and B) the contractual relationship with that first employer will be terminated without compensation or specific procedure. It is important to note, however, that an employer remains firmly bound to ensure that any dismissal or disciplinary action is both fair and appropriate in the current circumstances. With regard to the importance of international mobility, tripartite agreements do not exclude the interest, or even the need, to create an additional contractual document with a new foreign employer, which is approaching under certain conditions. This is often particularly important with regard to laws specific to the labour contract market. You, the employer and the purchaser have agreed on conditions for the settlement of all rights, which you have against the employer and/or the purchaser resulting from your employment and dismissal [including the [Claim (s), AND/OR Court Claim, AND/OR High Court Claim] ] and which terminates your employment with the employer and provides that this agreement constitutes an effective waiver of those rights and meets the terms of the agreement. Tripartite agreements are generally a little more complicated when there is an intragroup transfer of employment contracts. As a general rule, these measures are formalized by the tripartite agreement between the original employer, the new employer and the worker.
Of course, it is possible to protect himself, through a transaction contract, from the claims of an angry former worker, which is a confidential agreement, in which the worker will often be paid a certain level of compensation in exchange for a formal waiver of any claims he might bring to the labour court. However, if this occurs beside a corresponding transmission, there are several complications with the usual form of the settlement agreement. In these circumstances, a “tripartite” agreement with the purchaser, the purchaser and the worker, all the contracting parties, should be used. The topics of the TUPE are of course topical and should be treated with caution. Our working team is pleased to advise you on all aspects of the implications of the TUPE, on the implementation of appropriate comparative agreements and, of course, on all aspects of business activity. If you feel that TUPE requirements can entrust you with obligations, then don`t hesitate to seek professional help as soon as possible. But all this too can change in a subtle but important way depending on the country.