The performance of the employee adviser’s duties may not be a reason for termination of the employment contract. Dismissal of an employee adviser is subject to the administrative authorisation procedure set out in Book IV of Part Two.
The provisions of this chapter are applicable in private undertakings and establishments of all kinds and, unless specifically provided otherwise, in public undertakings and public industrial and commercial establishments.
Any redundancy for economic reasons shall be justified in accordance with the conditions set out in this chapter. It shall be justified by a real and serious reason.
A redundancy for economic reasons is a redundancy carried out by an employer for one or more reasons not inherent in the person of the employee, resulting from the elimination or transformation of a job or a modification, refused by the employee, of an essential element of the employment contract, following in particular : 1° Economic difficulties characterised either by a significant change in at least one economic indicator such…
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…
When the employer makes a collective redundancy for economic reasons, and in the absence of an applicable collective labour agreement, it defines the criteria used to determine the order of redundancies, after consulting the social and economic committee. These criteria take into account in particular: 1° Family responsibilities, in particular those of single parents ; 2° Length of service in the establishment or company; 3° The situation of employees whose…
The criteria set out in the collective bargaining agreement or, failing that, in the employer’s decision, cannot establish a priority for dismissal solely on the basis of the lifetime benefits enjoyed by an employee.
When the employer makes an individual redundancy for economic reasons, he shall take into account the criteria set out in article L. 1233-5 when choosing the employee concerned.
An employer who intends to make collective redundancies for economic reasons of less than ten employees within the same thirty-day period shall convene and consult the Social and Economic Committee in undertakings with at least eleven employees, in accordance with the conditions set out in this sub-section. The Social and Economic Committee delivers its opinion within a period which may not exceed one month from the date of the first…
In companies with a central company social and economic committee, the employer convenes a meeting of the central social and economic committee and the social and economic committee(s) of the establishments concerned whenever the measures envisaged exceed the powers of the head(s) of the establishment(s) concerned or concern several establishments simultaneously.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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