Paragraph 3: Intervention by the administrative authority concerning undertakings subject to the obligation to draw up an employment safeguard plan.

The administrative authority may submit any proposal to complete or modify the job protection plan, taking into account the economic situation of the company. These proposals are formulated before the last meeting of the Social and Economic Committee. They are communicated to the employer and to the social and economic committee. The employer sends a reasoned response to the administrative authority. In the absence of staff representatives, these proposals and…

The majority collective agreement referred to in article L. 1233-24-1 or the document drawn up by the employer referred to in article L. 1233-24-4 shall be sent to the administrative authority for validation of the agreement or approval of the document.

The administrative authority shall validate the collective agreement referred to in Article L. 1233-24-1 once it has ascertained that : 1° It complies with articles L. 1233-24-1 to L. 1233-24-3 ; 2° The procedure for informing and consulting the social and economic committee has been properly carried out; 3° Whether the employment protection plan includes the measures provided for in articles L. 1233-61 and L. 1233-63; 4° The effective implementation,…

In the absence of a collective agreement or in the event of an agreement not covering all of the points mentioned in 1° to 5° of article L. 1233-24-2, the administrative authority shall approve the document drawn up by the employer mentioned in article L. 1233-24-4, after verifying that its content complies with the legislative provisions and the stipulations of the agreement relating to the items mentioned in 1° to…

The administrative authority shall notify the employer of the validation decision within fifteen days of receipt of the collective agreement referred to in article L. 1233-24-1 and the homologation decision within twenty-one days of receipt of the complete document drawn up by the employer referred to in article L. 1233-24-4. It shall notify, within the same timeframe, the Social and Economic Committee and, if it relates to a collective agreement,…

Any request that the employer be ordered to provide information relating to the procedure in progress or to comply with a procedural rule provided for by legislation, collective agreements or a collective agreement, before the application for validation or homologation is forwarded, shall be addressed to the administrative authority. The administrative authority will make its decision within five days.

The administration may, at any time during the procedure, make any observation or proposal to the employer concerning the conduct of the procedure or the social measures provided for in article L. 1233-32. It shall simultaneously send a copy of its observations to the social and economic committee and, where negotiation of the agreement referred to in article L. 1233-24-1 is underway, where applicable to the representative trade union organisations…

In the event of a decision to refuse validation or homologation, the employer, if he wishes to resume his project, submits a new application after making the necessary changes and consulting the social and economic committee.

The administrative authority competent to take the homologation or validation decision mentioned in article L. 1233-57-1 is that of the place where the company or establishment concerned by the collective redundancy project is established. If the collective redundancy project concerns establishments falling under the jurisdiction of different authorities, the competent administrative authority is designated under the conditions laid down by decree in the Conseil d’Etat.