An employee may only be made redundant for economic reasons when all efforts to train and adapt have been made and when the person concerned cannot be redeployed to available jobs located in France in the undertaking or other undertakings in the group to which the undertaking belongs and whose organisation, activities or place of operation ensure the transfer of all or part of the staff.
For the application of this article, the notion of group refers to the group formed by a company called the dominant company and the companies it controls under the conditions defined inarticle L. 233-1, I and II of article L. 233-3 andarticle L. 233-16 of the French Commercial Code.
The employee is reassigned to a job in the same category as the one he/she occupies or to an equivalent job with equivalent remuneration. Failing this, and subject to the employee’s express agreement, the employee will be reassigned to a job in a lower category.
The employer will make personalised offers of redeployment to each employee or distribute a list of available positions to all employees by any means, under conditions specified by decree.
Outplacement offers made to employees must be in writing and precise.