Section 4: Termination by mutual agreement under a collective agreement

The collective agreement referred to inarticle L. 1237-19 is sent to the administrative authority for validation. The administrative authority validates the collective agreement once it has verified: 1° Its compliance with the same article L. 1237-19; 2° The presence of the clauses provided for in article L. 1237-19-1; 3° The precise and concrete nature of the measures provided for in 7° of the same article L. 1237-19-1; 4° Where applicable,…

The administrative authority shall notify the employer of the validation decision within fifteen days of receipt of the collective agreement referred to inarticle L. 1237-19. It shall notify, within the same timeframe, the social and economic committee, if any, and the signatories of the agreement. The decision taken by the administrative authority shall state the reasons on which it is based. If the administrative authority remains silent at the end…

The administrative authority competent to take the validation decision is that of the place where the company or establishment concerned by the draft agreement on collective redundancy is established. If the draft agreement on the collective termination of employment contracts concerns establishments under the jurisdiction of different authorities, the competent administrative authority is designated under the conditions laid down by decree in the Conseil d’Etat.

If validation is refused, a new agreement may be negotiated, taking into account the reasons given in the administrative decision. The social and economic committee, if any, is informed of the resumption of negotiations. The new agreement reached is forwarded to the administrative authority, which gives its decision under the conditions set out in articles L. 1237-19-3 and L. 1237-19-4.

The monitoring of the implementation of the agreement on the collective termination by mutual agreement is the subject, if it exists, of regular and detailed consultation of the social and economic committee, whose opinions are forwarded to the administrative authority. The administrative authority is involved in the monitoring of these measures and receives a report, drawn up by the employer, on the implementation of the collective agreement.

The collective agreement referred to inarticle L. 1237-19, the content of the agreement providing for a collective agreement termination, and the regularity of the procedure preceding the decision of the administrative authority may not be the subject of a dispute separate from that relating to the validation decision referred to inarticle L. 1237-19-3 . Appeals against the validation decision are filed, investigated and judged under the conditions defined inarticle L….

When the job losses resulting from the collective agreement provided for in Article L. 1237-19 affect, by their scale, the balance of the employment area or areas in which they are located, the companies or establishments with at least one thousand employees as well as the companies mentioned inArticle L. 2331-1 and those meeting the conditions mentioned in Articles L. 2341-1 and L. 2341-2, provided that they employ a total…

An agreement between the company and the administrative authority, concluded within six months of the validation provided for inarticle L. 1237-19-3, determines, where applicable on the basis of a social and territorial impact study prescribed by the administrative authority, the nature and the terms and conditions of financing and implementation of the actions provided for in article L. 1237-19-9. The agreement takes into account any actions of the same nature…

The amount of the contribution paid by the company may not be less than twice the monthly value of the minimum growth wage per job eliminated. However, the administrative authority may set a lower amount if the company is unable to meet the financial burden of this contribution. In the absence of a signed agreement or collective agreement in lieu thereof, companies shall pay to the Treasury a contribution equal…

The actions provided for inarticle L. 1237-19-9 are determined after consultation with the local authorities concerned, the consular bodies and the social partners who are members of the regional joint inter-professional committee. Their implementation is monitored and evaluated, under the control of the administrative authority, in accordance with procedures defined by decree. This decree also determines the conditions under which companies whose head office is not located in the employment…