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Article L3253-1 of the French Labour Code

Claims arising from the employment contract are guaranteed under the conditions provided for in 3° of Article 2331 and 2° of Article 2377 of the Civil Code, relating to liens on the debtor’s movable and immovable property. In addition, in the event of safeguard, reorganisation or compulsory liquidation, they are guaranteed, in accordance with articles L. 625-7 and L. 625-8 of the French Commercial Code, under the conditions set out…

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Article L3253-2 of the French Labour Code

When safeguard, reorganisation or compulsory liquidation proceedings are initiated, remuneration of any kind due to employees for the last sixty days worked, less any advance payments already received, is paid, notwithstanding the existence of any other preferential claim, up to a monthly ceiling which is identical for all categories of beneficiaries. This ceiling is set by regulation but may not be less than twice the ceiling used to calculate social…

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Article L3253-3 of the French Labour Code

The remuneration provided for in the first paragraph of Article L. 3253-2 includes : 1° Wages, salaries or commissions as such ; 2° Additional benefits, in particular the compensation provided for in article L. 1226-14, the compensation in lieu of notice provided for in article L. 1234-5, the termination benefit provided for in article L. 1243-8 and the termination benefit provided for in article L. 1251-32.

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Article L3253-5 of the French Labour Code

The sums owed to façonniers by their principals are paid, when the latter are the subject of safeguard, reorganisation or compulsory liquidation proceedings, notwithstanding the existence of any other preferential claim with the exception of those guaranteed by article L. 3253-2, up to the total amount of remuneration of any kind owed to the employees of these façonniers, in respect of the last sixty days of work or apprenticeship preceding…

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Article L3253-6 of the French Labour Code

All employers under private law shall insure their employees, including those seconded abroad or expatriates referred to in article L. 5422-13, against the risk of non-payment of sums due to them under their employment contract, in the event of safeguard, receivership or compulsory liquidation proceedings.

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Article L3253-8 of the French Labour Code

The insurance mentioned in article L. 3253-6 covers : 1° Sums owed to employees on the date of the judgment opening any receivership or compulsory liquidation proceedings, as well as contributions owed by the employer under the Contrat de Securisation Professionnelle ; 2° Claims arising from the termination of employment contracts occurring : a) During the observation period ; b) In the month following the judgement adopting the safeguard, recovery…

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Article L3253-9 of the French Labour Code

Claims arising from the dismissal of employees benefiting from special protection relating to dismissal are also covered where the administrator, the employer or the liquidator, as the case may be, has indicated its intention to terminate the employment contract during the periods mentioned in 2° of Article L. 3253-8.

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