A decree of the Conseil d’Etat shall determine the procedures for application of the first and second paragraphs of article L. 1233-39 and articles L. 1233-42 and L. 1233-43.
Employees made redundant for economic reasons have priority for re-employment for a period of one year from the date of termination of their contract, if they make a request during this period. In this case, the employer shall inform the employee of any job that has become available and is compatible with his qualifications. In addition, the employer shall inform the staff representatives of the positions available. An employee who…
In companies with fifty or more employees, the employer may, after receiving the favourable opinion of the Social and Economic Committee, propose internal redeployment measures before the expiry of the period mentioned in Article L. 1233-30.
The employer shall notify the administrative authority of any plan to make redundancies for economic reasons affecting at least ten employees within the same thirty-day period. Where the company has staff representatives, notification is made at the earliest the day after the date scheduled for the first meeting provided for in articles L. 1233-29 and L. 1233-30. The notification shall be accompanied by all information concerning the convening, agenda and…
All the information provided to the employee representatives when they are called to the meetings provided for in Articles L. 1233-29 and L. 1233-30 is sent simultaneously to the administrative authority. The employer also sends the minutes of the meetings. These minutes include the opinions, suggestions and proposals of the staff representatives.
When the company does not have a social and economic committee and is required to draw up a job protection plan, this plan and the information intended for the staff representatives mentioned in article L. 1233-31 are communicated to the administrative authority at the same time as the notification of the redundancy project. In addition, the plan is brought to the attention of employees by any means at the workplace.
When the social and economic committee calls on the assistance of an expert, the employer informs the administrative authority. The report and any changes to the redundancy plan are also sent to the administrative authority.
When the central social and economic committee is consulted about the redundancy project, the administrative authority at the company’s registered office is informed of this consultation and, where applicable, of the appointment of an expert.
In undertakings with fewer than fifty employees, the administrative authority shall verify, within twenty-one days from the date of notification of the proposed redundancy, that: 1° Staff representatives have been informed, convened and consulted in accordance with the legal and contractual provisions in force; 2° The obligations relating to the elaboration of social measures provided for by article L. 1233-32 or by collective labour agreements have been respected; 3° The…
When the administrative authority detects a procedural irregularity in the course of the checks it carries out, it sends the employer a notice specifying the nature of the irregularity found. At the same time, it sends a copy of its observations to the social and economic committee. The administrative authority may make observations on the social measures provided for in article L. 1233-32. The employer responds to the observations of…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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