SECTION 42

(1) • (a) In the event of any change in the legal statuts of the employers, in particular through succession, sale, amalgamation, financial reorganization, or transformation into a partnership or company, all contracts of employment in force on the date of the change shall subsist between the new organization and the personnel of the undertaking. They shall be terminable only in the manner and subject to the conditions laid down in this Part. • (b) The provisions of the above paragraph shall not be applicable : o - where the enterprise is changing its activities ; o - where the workers express before the Labour Inspector of the area, their desire to be laid off with payment of their benefits, prior to such change. • (c) The closure of the undertaking other than in cases of "force majeure" shall not absolve the employer from his obligation to observe the rules laid down in this part. Neither bankruptcy nor liquidation by court order shall be deemed to be a case of "force majeure". (2) The contract of employment, may, while still in force, be amended on the initiative of either party. • (a) Where the amendment suggested by the employer is substantial and is rejected by the worker, the termination of the contract that may result therefrom shall be the responsibility of the employer. Such termination shall be wrongful only where it is not justified by the interest of the undertaking. • (b) Where the amendment suggested by the worker is substantial and is rejected by the employer, the contract may be terminated only following the resignation of the worker.