Subsection 4: Penalties for irregularities.

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…

The cancellation of the validation decision mentioned in article L. 1233-57-2 or the homologation decision mentioned in article L. 1233-57-3 for a reason other than that mentioned in the last paragraph of this article and in the second paragraph of article L. 1235-10 shall give rise, subject to the agreement of the parties, to the reinstatement of the employee in the company, with retention of his acquired benefits. Failing this,…

A decree of the Conseil d’Etat shall determine the terms and conditions for the application of Articles L. 1235-11 to L. 1235-14.