The employer shall study, within the period provided for in article L. 1233-30, the suggestions relating to the social measures envisaged and the alternative proposals to the restructuring project mentioned in article L. 2323-31 formulated by the social and economic committee. It gives them a reasoned response.
In companies with at least fifty employees, where the redundancy project concerns at least ten employees within the same thirty-day period, the Social and Economic Committee may, where appropriate on the recommendation of the committees set up within it, decide, at the first meeting provided for inArticle L. 1233-30, to call in an expert report which may cover the economic and accounting fields as well as health, safety or the…
The expert appointed by the social and economic committee asks the employer, within ten days of his appointment, for all the information he deems necessary to carry out his assignment. The employer responds to this request within eight days. If necessary, the expert will request, within ten days, additional information from the employer, who will respond to this request within eight days of the date on which the expert’s request…
Before the request for validation or homologation provided for inArticle L. 1233-57-4 is sent, any dispute relating to the expert appraisal is sent to the administrative authority, which gives its decision within a period of five days. This decision may be contested under the conditions provided for inarticle L. 1235-7-1.
In undertakings with a central social and economic committee, the employer consults the central committee and the establishment social and economic committee(s) concerned whenever the measures envisaged exceed the power of the head(s) of the establishment(s) concerned or concern several establishments simultaneously. In this case, the works council or works councils of the establishments hold their meetings after those of the central works council held in application of article L….
When the central social and economic committee calls on the assistance of an expert, article L. 1233-50 does not apply.
When the employer makes at least ten employees redundant for economic reasons within the same thirty-day period and there is a social and economic committee in the company, the interview procedure prior to redundancy does not apply. A decree of the Conseil d’Etat shall determine the terms and conditions for the application of this article.
In companies with fewer than fifty employees, the employer notifies the employee of the redundancy for economic reasons by registered letter with acknowledgement of receipt. The letter of notification may not be sent before the expiry of a period starting from the notification of the proposed redundancy to the administrative authority. This period may not be less than thirty days. A collective bargaining agreement may provide for more favourable deadlines…
The letter of dismissal includes a statement of the economic reasons put forward by the employer. It also mentions the priority for re-employment provided for in article L. 1233-45 and the conditions for its implementation. An order issued by the Minister for Employment sets out the models that the employer may use to notify redundancy.
At the written request of the employee, the employer shall indicate in writing the criteria used to determine the order of redundancies.
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75001, Paris France
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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