Subsection 2: Termination by mutual agreement as part of a collective agreement on collective redundancy by mutual agreement

A collective agreement may determine the content of a collective severance agreement excluding all redundancies in order to achieve the objectives assigned to it in terms of job cuts. The authorities shall be informed immediately of the opening of negotiations with a view to the aforementioned agreement.

The agreement providing for the collective termination of employment by mutual agreement determines : 1° The terms and conditions for informing the Social and Economic Committee, if one exists ; 2° The maximum number of departures envisaged, the associated job cuts, and the length of time during which terminations of employment contracts may be initiated on the basis of the agreement; 3° The conditions that the employee must meet in…

The employer’s acceptance of the employee’s application under the collective agreement terminates the employment contract by mutual agreement of the parties, where applicable under the conditions provided for in article L. 1237-18-4. Employees benefiting from the protection mentioned in Chapter I of Title I of Book IV of Part Two may benefit from the provisions of the agreement on collective redundancy. By way of derogation from the first paragraph of…

The collective agreement referred to inarticle L. 1237-19 is sent to the administrative authority for validation. The administrative authority validates the collective agreement once it has verified: 1° Its compliance with the same article L. 1237-19; 2° The presence of the clauses provided for in article L. 1237-19-1; 3° The precise and concrete nature of the measures provided for in 7° of the same article L. 1237-19-1; 4° Where applicable,…

The administrative authority shall notify the employer of the validation decision within fifteen days of receipt of the collective agreement referred to inarticle L. 1237-19. It shall notify, within the same timeframe, the social and economic committee, if any, and the signatories of the agreement. The decision taken by the administrative authority shall state the reasons on which it is based. If the administrative authority remains silent at the end…

The administrative authority competent to take the validation decision is that of the place where the company or establishment concerned by the draft agreement on collective redundancy is established. If the draft agreement on the collective termination of employment contracts concerns establishments under the jurisdiction of different authorities, the competent administrative authority is designated under the conditions laid down by decree in the Conseil d’Etat.

If validation is refused, a new agreement may be negotiated, taking into account the reasons given in the administrative decision. The social and economic committee, if any, is informed of the resumption of negotiations. The new agreement reached is forwarded to the administrative authority, which gives its decision under the conditions set out in articles L. 1237-19-3 and L. 1237-19-4.

The monitoring of the implementation of the agreement on the collective termination by mutual agreement is the subject, if it exists, of regular and detailed consultation of the social and economic committee, whose opinions are forwarded to the administrative authority. The administrative authority is involved in the monitoring of these measures and receives a report, drawn up by the employer, on the implementation of the collective agreement.

The collective agreement referred to inarticle L. 1237-19, the content of the agreement providing for a collective agreement termination, and the regularity of the procedure preceding the decision of the administrative authority may not be the subject of a dispute separate from that relating to the validation decision referred to inarticle L. 1237-19-3 . Appeals against the validation decision are filed, investigated and judged under the conditions defined inarticle L….

When the job losses resulting from the collective agreement provided for in Article L. 1237-19 affect, by their scale, the balance of the employment area or areas in which they are located, the companies or establishments with at least one thousand employees as well as the companies mentioned inArticle L. 2331-1 and those meeting the conditions mentioned in Articles L. 2341-1 and L. 2341-2, provided that they employ a total…