New information obligations in case of transfer of an undertaking

On 1 February 2025, a new chapter of CBA 32bis will come into effect. This chapter introduces new information obligations in cases of a transfer of an undertaking. The employees (or their representatives) can request the transferor to share information from the information and consultation procedure with the transferee. They can also invite the transferee to introduce themselves to the employees.

Context

On 17 December 2024, the National Labour Council (NLC) adopted a new CBA 32/8, which adds Chapter V to CBA 32bis. Chapter V stipulates that certain information must be shared with the transferee during the transfer of an undertaking. This amendment follows the NLC’s Recommendation No. 28 from December 2019, which aimed to establish a qualitative and efficient information and consultation procedure.

New Obligations

The new Chapter V of CBA 32bis provides for two communications to the transferee, if requested by the employees (or their representatives). The “transferee” refers to the party that will become the new employer of (part of) the employees. 

1) Disclosure of information to social Bodies / employees

Firstly, the transferor may be required to share the content of the information and consultation procedure with the transferee. If no such procedure takes place due to the absence of a works council, a committee for prevention and protection at work, or a trade union delegation, the information directly communicated to the employees must instead be shared with the transferee. This includes details such as the intended date of the transfer, the reasons for the transfer, the legal, economic, and social implications of the transfer, and the measures envisaged for the employees.

2) Invitation to the transferee to introduce themselves

Additionally, the transferor may be required to submit an invitation to the transferee to introduce themselves to the employees (or their representatives) during the information and consultation procedure. However, the transferee cannot be obliged to accept this invitation. 

Modalities

In companies with a works council, a committee for prevention and protection at work, or a trade union delegation, the request to provide this information to the transferee is made by the employee representatives. If the company does not have a works council, a committee for prevention and protection at work, or a trade union delegation, the employees can make this request themselves.

Once the employees (or their representatives) have made this request, the information from the information and consultation procedure, or – the case being – the information that was shared directly with the employees, must be communicated to the transferee. This obligation applies regardless of whether or not the transferee has positively responded to the transferor’s invitation to introduce themselves.

The commentary on this new provision specifies that the transferor must share such information “in a timely manner, during the information (and consultation) procedure with the employees (or their representatives) and prior to the transfer”. Furthermore, it is confirmed that the transferee must also receive the invitation to introduce themselves “in a timely manner and, in any case, prior to the transfer”.

Key message

When employees (or their representatives) request, during a transfer of an undertaking, that the information from the information and consultation procedure (or the information directly provided to the employees) be shared with the transferee, the current employer must comply. Furthermore, the current employer must invite the transferee to introduce themselves to the staff if the employees (or their representatives) make such a request.