Subsection 5: Procedure for validating or approving the employment safeguard plan

The request for validation of the agreement referred to in article L. 1233-24-1 or approval of the unilateral document referred to in article L. 1233-24-4 is sent to the Regional Director of Companies, Competition, Consumption, Labour and Employment by electronic means. In the event of safeguard, recovery or judicial liquidation proceedings, the request is sent by electronic means no later than the day after the last meeting of the social…

The time limit provided for in article L. 1233-57-4 runs from receipt by the Regional Director of Companies, Competition, Consumption, Labour and Employment of the complete file. The file is complete when it includes the information required to verify the content of the job protection plan, the procedures for informing and consulting the social and economic committee, the weighting and scope of application of the criteria for ordering redundancies, the…

The decision of the Regional Director of Companies, Competition, Consumption, Labour and Employment referred to in article L. 1233-57-4 is sent by any means that confers a date certain to the employer and to the Social and Economic Committee and, where a collective agreement has been concluded in application of article L. 1233-24-1, to the representative trade union organisations that signed it. The administration’s decision is sent no later than…

In the event of a decision to refuse validation or homologation, the social and economic committee is consulted prior to the new application on the collective agreement or unilateral document after the necessary amendments have been made. The amended draft and the opinion of the social and economic committee are forwarded to the administration by any means capable of conferring a date certain.

The assessment of the effective implementation of the job protection plan referred to in article L. 1233-63, the content of which is set by order of the Minister responsible for employment, is carried out at the end of the implementation of the redeployment measures provided for in articles L. 1233-65 or L. 1233-71. Within one month of this date, it is sent to the competent Regional Director for Business, Competition,…