The deadlines provided for in article L. 1233-15 for sending letters of dismissal for economic reasons are not applicable in the event of receivership or compulsory liquidation. A decree of the Conseil d’Etat shall determine the application of this article.
In the event of receivership or compulsory liquidation, the employer, administrator or liquidator, as the case may be, shall inform the administrative authorities before making any redundancies for economic reasons, in accordance with the conditions set out in Articles L. 631-17, L. 631-19 (II), L. 641-4, last paragraph, L. 641-10, third paragraph, and L. 642-5 of the French Commercial Code.
In the event of receivership or compulsory liquidation, where the employer is considering modifying an essential element of the employment contract for one of the economic reasons set out in article L. 1233-3, he shall make the proposal to the employee by registered letter with acknowledgement of receipt. The letter of notification informs the employee that he has a period of fifteen days from receipt to make known his refusal….
In companies with at least fifty employees, where the proposed redundancies concern at least ten employees within the same thirty-day period, the employer draws up and implements a job protection plan to avoid or limit the number of redundancies. This plan includes a redeployment plan designed to facilitate the redeployment within France of employees whose redundancy could not be avoided, in particular older employees or employees with social characteristics or…
The job protection plan provides for measures such as : 1° Actions with a view to the internal redeployment of employees within the national territory, to jobs in the same job category or equivalent to those they occupy or, subject to the express agreement of the employees concerned, to jobs in a lower category; 1° bis Actions to encourage the takeover of all or part of the business in order…
The job protection plan determines the procedures for monitoring the effective implementation of the measures contained in the redeployment plan provided for in article L. 1233-61. This monitoring is the subject of regular and detailed consultation of the Social and Economic Committee, whose opinion is forwarded to the administrative authority. The administrative authority is involved in monitoring these measures and receives a report, drawn up by the employer, on the…
The maisons de l’emploi may participate, under conditions laid down by agreement with the companies concerned, in the implementation of measures relating to the job protection plan.
The purpose of the Contrat de Securisation Professionnelle is to organise and run a programme to help people return to work, possibly through retraining or setting up or taking over a business. This programme begins with a pre-assessment, skills assessment and career guidance phase with a view to drawing up a career plan. This project takes into account local developments in the trades and the labour market. This pathway includes…
In companies not subject to article L. 1233-71, the employer is obliged to offer, during the preliminary interview or at the end of the last meeting of staff representatives, the benefit of the professional securitisation contract to each employee whose dismissal for economic reasons it is considering. When the redundancy for economic reasons gives rise to a job protection plan under the conditions provided for in articles L. 1233-24-2 and…
If the employee signs up to the Contrat de Securisation Professionnelle, the employment contract is terminated. Any dispute relating to the termination of the employment contract or the reason therefor shall be time-barred after twelve months from the date on which the employee signs up to the Contrat de Securisation Professionnelle. This time limit may only be invoked against the employee if it was mentioned in the proposal for the…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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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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