The law of 31 January 2009 on business continuity (hereafter LCE) came into force on 1 st April 2009. This Act replaced the previous legislation on legal settlement.
By this law, the legislature introduced a new legal framework to help companies in difficulty, the procedure of transfer of all or part of a company under judicial authority.
It was expected that the FTA provisions that regulate the status of workers in the framework of such a transfer under authority of law would apply only to the ratification of a collective bargaining agreement (CBA) entered the Council and regulate more precisely the rights of employees affected by the transfer (Article 61 § 6 of the LCE).
The National Labour Council concluded on 5 October 2011, the CTC No. 102 "on the maintenance of workers' rights in the event of a change of employer as a result of judicial reorganization transfer under authority of law." The Council has carried out the mandate entrusted to it by Article 61 § 6 of the FTA.
However, Article 17 of the Convention provides that it shall not enter into force until lorsqu'auront taken the amending statutory provisions further to Notice No. 1779 that the Council issued on the same date.