Any challenge to a redundancy for economic reasons must be lodged within twelve months of the last meeting of the social and economic committee or, if the employee exercises his individual right to challenge the redundancy for economic reasons, from the date of notification of the redundancy.
The collective agreement mentioned in article L. 1233-24-1, the document drawn up by the employer mentioned in article L. 1233-24-4, the content of the job protection plan, the decisions taken by the administration under article L. 1233-57-5 and the regularity of the collective redundancy procedure may not be the subject of a dispute separate from that relating to the validation or approval decision mentioned in article L. 1233-57-4. These disputes…
Representative employee trade union organisations may take all legal action resulting from legal provisions or collective bargaining agreements governing the dismissal of an employee for economic reasons, without having to provide proof of a mandate from the person concerned. The employee is notified of this, in accordance with the conditions laid down by regulation, and must not have objected within a period of fifteen days from the date on which…
In the event of an appeal relating to redundancy for economic reasons, the employer shall provide the court with all the information provided to the staff representatives pursuant to Chapter III or, in the absence of staff representatives in the company, all the information provided to the administrative authority pursuant to the same chapter. A decree of the Conseil d’Etat shall determine the application of this article.
In undertakings with at least fifty employees, where the redundancy project concerns at least ten employees within the same thirty-day period, any redundancy carried out in the absence of any decision relating to validation or homologation or where a negative decision has been issued shall be null and void. In the event of cancellation of a validation decision referred to in Article L. 1233-57-2 or a homologation decision referred to…
Where the court finds that the dismissal has taken place when the dismissal procedure is null and void, in accordance with the provisions of the first two paragraphs of Article L. 1235-10, it may order the continuation of the employment contract or declare the dismissal null and void and order the reinstatement of the employee at the latter’s request, unless such reinstatement has become impossible, in particular due to the…
If the employer fails to comply with the procedures for consulting staff representatives or informing the administrative authority, the court will award the employee involved in a mass redundancy for economic reasons compensation payable by the employer, calculated on the basis of the loss suffered.
In the event of non-compliance with the re-employment priority provided for in article L. 1233-45, the court shall award the employee compensation of not less than one month’s salary.
The following provisions do not apply to the dismissal of an employee who has been with the company for less than two years and to dismissals carried out by an employer who usually employs less than eleven employees: 1° The nullity of the dismissal, as provided for in Article L. 1235-11 ; 2° (deleted) ; 3° Failure to respect the priority of re-employment, as provided for in Article L. 1235-13….
Any procedure for redundancy on economic grounds in a company where the social and economic committee has not been set up, even though the company is subject to this obligation and no report of its failure to do so has been drawn up, is irregular. The employee is entitled to compensation payable by the employer, which may not be less than one month’s gross salary, without prejudice to redundancy pay…
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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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