Title III: Termination of open-ended employment contracts

The Prefect concludes the agreement provided for in article L. 1233-85 or article L. 1237-19-10 and monitors and assesses the actions provided for in articles L. 1233-84, L. 1233-87 and L. 1237-19-9.

I. – When a company mentioned in article L. 1233-71 proceeds with a mass redundancy or a collective agreement termination mentioned in article L. 1237-19, the prefect(s) in the department(s) of the employment area(s) concerned shall inform it, within two months of notification of the administrative validation or approval decision mentioned in article L. 1233-57-4, or of the administrative decision to validate the collective agreement referred to in article L….

Within one month of notification of the decision provided for in article D. 1233-38, the company shall inform the prefect(s) in the department(s) concerned whether it intends to meet this obligation by means of an agreement signed with the State or by means of a collective agreement. In the latter case, the company must also send them a copy of the agreement, its filing receipt and all the information, particularly…

The agreement referred to in articles L. 1233-85 and L. 1237-19-10 shall include in particular: 1° The geographical limits of the employment area(s) affected by the mass redundancy or the collective redundancy agreement and concerned by the measures it provides for ; 2° The measures enabling the creation of activities, the development of jobs and the mitigation of the effects of the envisaged redundancy or the collective redundancy agreement on…

I. – Measures undertaken prior to the signature of the agreement may be taken into account within the framework of the agreement when they contribute to the creation of activities, the development of jobs and make it possible to mitigate the effects of the planned redundancy or the collective redundancy agreement on other companies in the employment area(s) concerned. The measures envisaged in the form of the granting of a…

A committee chaired by the prefect(s) in the department(s) concerned is set up to monitor and evaluate the implementation of the revitalisation of employment areas, bringing together the company, the local authorities concerned, the consular bodies and the social partners who are members of the observatory(ies) for analysis and support for social dialogue and negotiation in the department(s) concerned. The committee meets at least once a year, on the basis…

For the calculation of the contribution instituted in article L. 1233-84, the number of jobs lost is equal to the number of employees whose redundancy is envisaged, from which is deducted the number of employees whose redeployment, in the company or in the group to which it belongs, is acquired in the employment area or areas affected by the mass redundancy, following the consultation procedure with the staff representatives provided…

In the absence of an agreement signed within the deadlines set out in articles L. 1233-85 and L. 1237-19-10 or a collective labour agreement in lieu thereof, the Prefect of the département in which the establishment carrying out the redundancy or the collective redundancy agreement is located will draw up a collection voucher for the contribution provided for in the second paragraph of articles L. 1233-87 and L. 1237-19-11. The…