What is Article 7?

When a change of cleaning service provider occurs, Article 7 often comes up. This article regulates the transfer of employees, which is one of the factors that stabilizes the cleaning services market.

Article 7 refers to Article L1224-1 of the French Labor Code, which states: "When there is a change in the legal situation of an employer, such as through succession, sale, merger, transformation of the business, or incorporation, all employment contracts in force on the day of the change are maintained between the new employer and the employees of the company."

The purpose of this article is to protect employees by guaranteeing their jobs and wages, ensuring the continuity of their employment contracts when the market concerned is transferred. It applies to companies that succeed each other when there's a change in service provider for work carried out in the same premises, following the end of a commercial contract or public tender.

But in what situations does Article 7 apply? Who is affected, and what does it mean for the employees?

The cleaning company taking over the maintenance contract for a site is required to offer a permanent employment contract (CDI) to the cleaning staff who were previously working there. Article 7 establishes obligations for both parties involved.

• The employee must have worked on the relevant site for more than six months.
• They must spend at least 30% of their working time on the job for certain job classifications (AS, AQS, ATQS, CE) or work exclusively in classifications MP1 and MP2.
• They must not have been absent for more than four months (maternity leave in progress excluded).
• They must be legally employed according to labor laws related to foreign workers.
• They must not have been declared permanently unfit for the role attached to the contract.
• They must not be in a notice period, whether worked or not.
• They must be on a permanent contract (or if on a replacement temporary contract, the permanent employee must meet the transfer conditions for the temporary contract to be transferable).

• Inform the outgoing company of their intention.
• Take over the employees, ensuring they maintain the transfer conditions (same gross salary, including seniority, as well as any benefits such as meal allowances or bonuses).

Provide the list of transferred employees, accompanied by the following documents:

• The last six payslips
• The most recent medical follow-up certificate or fitness assessment
• A copy of the employment contract and any amendments
• Work authorization for foreign employees
• The authorization for the transfer of protected employees, issued by the labor inspector (protected employees include most employee representatives, regardless of whether they are on permanent, temporary, or interim contracts, as per articles L. 2411-1 and L. 2411-2 of the French Labor Code).

La carence de l'entreprise de nettoyage sortante dans la transmission des éléments demandés ne peut empêcher le changement d'employeur que dans le seul cas où cette carence met l'entreprise entrante dans l'impossibilité d'organiser la reprise effective du marché.

Le personnel ne satisfaisant pas aux conditions requises pour bénéficier d'un maintien de son emploi au sein de l'entreprise entrante restera sous la responsabilité de l'entreprise sortante.

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