Managerial Succession
My company changed owners supposed that some change in my acquired rights?
At the time of succession, is a family business set up individually or social better?
We legally define the succession of company as the transfer of legal ownership of a company, Center work or an autonomous production unit, understanding the latter as an organized set of persons and elements allowing the exercise of an economic activity.
In all business succession, the transferee is subrogated in all rights and duties and Social security of the above, including pension commitments, on the terms laid down in its specific rules, and, in general, few additional social protection obligations it has acquired the assignor.
In addition assignee and assignor in transmissions that take place by “intervivos” acts, they will respond jointly and severally liable for three years of labor obligations arising prior to transmission and that had not been met. This responsibility extends to the obligations arising subsequent to the transmission when the assignment is declared a crime.
You should be required, therefore the transmission of organized elements both of material and immaterial, so maintaining the so-called “corporate identity”, nature understood as such, not only the continuity of the activity but also the transfer of essential elements of the asset.
Business succession, the change in the person of the “employer”, does not necessarily affect workers, leaving the new entrepreneur subrogated to all the rights and obligations of the previous. Employees only have the right to be informed. Only when such “businesses” are used to break their established rights, it will intervene the law imposing a system of responsibilities.
