Section 1a: Personnel management

The purchaser of all or part of the business of a chamber of commerce and industry shall simultaneously inform each public-sector employee concerned and the chamber of commerce and industry that employs them of its proposal for a private-law contract or public-sector employment contract as provided for in article L. 712-11-1 by registered letter with acknowledgement of receipt.

Within a maximum period of one month from the date of notification of this letter, the employee concerned shall simultaneously notify his or her response by registered letter with acknowledgement of receipt to the chamber of commerce and industry employing him or her and to the buyer.

In the event of refusal of the contract under private law or public law, the employee concerned shall simultaneously notify his or her response by registered letter with acknowledgement of receipt to the chamber of commerce and industry employing him or her and to the buyer. In the event of refusal of the proposed appointment or contract, without prejudice to the specific provisions of article 33 bis of the statutes governing the administrative staff of the chambers of commerce and industry referred to in article 1 of law no. 52-1311 of 10 December 1952 relating to the compulsory establishment of a statute for the administrative staff of chambers of agriculture, chambers of commerce and chambers of trade, relating to the dismissal of a trade union delegate or staff representative, and in compliance with the principles relating to the rights of the defence, the chamber of commerce and industry concerned shall summon the public employee for an interview, within a maximum of fifteen working days following receipt of his letter.

The employee concerned may be accompanied at this interview by any employee of his or her choice employed by the same chamber of commerce and industry.

Without prejudice to any offers of redeployment that may be made by the chamber of commerce and industry employing the employee, if the employee confirms his or her refusal to accept the contract or appointment, the chamber of commerce and industry will notify the employee of his or her dismissal for refusal to accept the transfer, by registered letter with acknowledgement of receipt, at least two working days after the interview.

The period of notice for the termination of the employee's contract with the chamber of commerce and industry must be at least one month. The notice period for termination of the employment relationship is three months from the date of notification of dismissal. During the period of notice, the employee is entitled to two half-days off per week to look for work. Where appropriate, the Chamber of Commerce and Industry may waive the notice period. A civil servant dismissed in this way will be granted a severance payment calculated in accordance with Article 4 of Annex 5 to Article 28 of the above-mentioned Staff Regulations. If a member of staff dismissed because of a refusal to transfer is eligible for a full retirement pension under the general social security scheme, he shall not receive a redundancy payment but a retirement allowance instead.

A member of staff whose employment is terminated because of a refusal to transfer is entitled to a full retirement pension under the general social security scheme instead of a redundancy payment.

A member of staff whose employment is terminated because of a refusal to transfer is entitled to a full retirement pension under the general social security scheme instead of a retirement allowance. A staff member whose employment is terminated for refusal to transfer will, as a staff member involuntarily deprived of employment, benefit from the replacement income provided for in Article 35-3 bis of the above-mentioned Staff Regulations.