French Business Law - French Legislation

Article L1237-18-2 of the French Labour Code

November 8, 2023

The collective agreement determines : 1° The duration of the mobility leave ; 2° The conditions that the employee must meet in order to benefit from it; 3° The terms and conditions for the employee’s acceptance of the employer’s proposal, including the conditions for expressing his written consent, and the commitments of the parties; 4° The organisation of the work periods, the conditions under which the leave is terminated and…

Article L1237-18-3 of the French Labour Code

November 8, 2023

The amount of remuneration paid during the mobility leave period is at least equal to the amount of the allowance provided for in 3° ofarticle L. 5123-2. For the first twelve months of the leave, which may be extended to twenty-four months in the case of retraining, this remuneration is subject to the same social security regime as the allowance paid to the beneficiary of the redeployment leave provided for…

Article L1237-18-4 of the French Labour Code

November 8, 2023

If the employee accepts the offer of mobility leave, the employment contract will be terminated by mutual agreement of the parties at the end of the leave. Employees benefiting from the protection mentioned in Chapter I of Title I of Book IV of Part Two may benefit from mobility leave. Notwithstanding the first paragraph of this article, amicable termination under the mobility leave scheme is subject to authorisation by the…

Article L1237-18-5 of the French Labour Code

November 8, 2023

The administrative authority of the place where the company concerned by the agreement on forward-looking management of jobs and skills is established is informed by the employer of terminations under the mobility leave scheme in accordance with the conditions laid down by decree.

Article L1237-19 of the French Labour Code

November 8, 2023

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.

Article L1237-19-1 of the French Labour Code

November 8, 2023

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…

Article L1237-19-2 of the French Labour Code

November 8, 2023

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…

Article L1237-19-3 of the French Labour Code

November 8, 2023

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,…

Article L1237-19-4 of the French Labour Code

November 8, 2023

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…

Article L1237-19-5 of the French Labour Code

November 8, 2023

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.

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Legislative part

Article L1237-18-2 of the French Labour Code

Article L1237-18-3 of the French Labour Code

Article L1237-18-4 of the French Labour Code

Article L1237-18-5 of the French Labour Code

Article L1237-19 of the French Labour Code

Article L1237-19-1 of the French Labour Code

Article L1237-19-2 of the French Labour Code

Article L1237-19-3 of the French Labour Code

Article L1237-19-4 of the French Labour Code

Article L1237-19-5 of the French Labour Code

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Legislative part

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