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Article L1233-21 of the French Labour Code

By way of derogation from the rules on consultation of employee representative bodies laid down in this Title and in Book III of Part Two, a company, group or branch agreement may lay down the terms and conditions for informing and consulting the Social and Economic Committee and, where applicable, the framework for recourse to an expert opinion by this committee when the employer plans to make at least ten…

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Article L1233-22 of the French Labour Code

The agreement provided for in Article L. 1233-21 sets the conditions under which the social and economic committee : 1° Is convened and informed of the economic and financial situation of the company ; 2° May formulate alternative proposals to the economic project at the origin of a restructuring which has an impact on employment and obtain a reasoned response from the employer to its proposals; 3° May call in…

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Article L1233-23 of the French Labour Code

The agreement provided for in Article L. 1233-21 may not derogate from : 1° from the general rules of information and consultation of the social and economic committee provided for in articles L. 2323-2, L. 2323-4 and L. 2323-5 ; 2° The provision to staff representatives of the information provided for in articles L. 1233-31 to L. 1233-33; 3° The consultation rules applicable in the event of receivership or compulsory…

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Article L1233-24 of the French Labour Code

Any action to challenge all or part of an agreement provided for in article L. 1233-21 must be brought, on pain of inadmissibility, before the expiry of a period of three months from the date of filing of the agreement provided for in article L. 2231-6.

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Article L1233-24-1 of the French Labour Code

In companies with fifty or more employees, a collective agreement may determine the content of the job protection plan mentioned in articles L. 1233-61 to L. 1233-63 , as well as the procedures for consulting the social and economic committee and implementing redundancies. This agreement is signed by one or more representative trade union organisations having received at least 50% of the votes cast in favour of organisations recognised as…

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Article L1233-24-2 of the French Labour Code

The collective agreement referred to in article L. 1233-24-1 concerns the content of the job protection plan referred to in articles L. 1233-61 to L. 1233-63. It may also cover : 1° The procedures for informing and consulting the social and economic committee, in particular the conditions under which these procedures may be adjusted in the event of a project to transfer one or more economic entities as provided for…

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Article L1233-24-3 of the French Labour Code

The agreement provided for in Article L. 1233-24-1 may not derogate from : 1° The employer’s obligation to provide training, adaptation and redeployment in application of article L. 1233-4; 2° The general rules for informing and consulting the social and economic committee set out in articles L. 2323-2, L. 2323-4 and L. 2323-5 , except where the agreement is concluded by the works council; 3° The employer’s obligation to offer…

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Article L1233-24-4 of the French Labour Code

In the absence of an agreement referred to in article L. 1233-24-1, a document drawn up by the employer after the last meeting of the social and economic committee sets out the content of the job protection plan and specifies the elements provided for in 1° to 5° of article L. 1233-24-2, within the framework of the legal and contractual provisions in force.

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Article L1233-25 of the French Labour Code

Where at least ten employees have refused to accept a change to an essential element of their employment contract, proposed by their employer for one of the economic reasons set out in Article L. 1233-3, and their redundancy is being considered, it is subject to the provisions applicable to collective redundancies for economic reasons.

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Article L1233-26 of the French Labour Code

Where a company or establishment normally employing at least fifty employees has made redundancies over a period of three consecutive months involving a total of more than ten employees, but no more than ten employees in any one period of thirty days, any new redundancies envisaged in the course of the following three months shall be subject to the provisions of this chapter.

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