Ethix

Protection Plan of Employment Process

The layout to process the Protection Plan of Employment is described in the French Labour Code, in the chapter about breach of work contract.
We also introduce the layout concerning the implementation of a new organization which are described in the Economical functions of the Work’s Council chapter. 

1. The framework

«The layout of this chapter (Chapter III, dismiss for economical reason) can be applied in any private companies and organizations as well as in public companies or industrial and commercial public organizations, except particular conditions.»  (L1233-1 article)

«If the company plans to process a mass redundancy for economical reason concerning 10 employees or more during the same period of 30 days, the Work’s Council or the Staff Representatives must be called and consulted during a meeting according the conditions mentioned in this paragraph.»
(L1233-28 article)



2. The situation for companies with several subsidiaries

«In the companies having a Central Work’s Council, the Board organize a meeting with its members and all the subsidiaries Committees concerned only if the forward-looking measures pass by the power of the Subsidiaries Managers or imply several subsidiaries at the same time.»
(L1233-9 article)

«In the companies having a Central Work’s Council, the Board organize a meeting with its members and all the subsidiaries Committees concerned only if the potential measures pass by the power of the Subsidiaries Managers or imply several subsidiaries at the same time.
In this case, the subsidiaries Committees organize 2 meetings, one after the first and one after the second meeting of the Central Work’s Council, managed according L1233-30 article. If naming a Chartered Accountant is considered, the procedure is driven by the Central Work’s Council according the conditions mentioned in the paragraph n°2.
In this case, the subsidiaries Committees organize 2 meetings, one after the second and one after the third meeting of the Central Work’s Council, managed according L1233-35 article.»
(L1233-36 article)



3. Case of redundancies scheduled over a period

«When a company or a subsidiary submitted to the legal rules on Work’s Councils has dismissed for economical reasons within 3 following months, up to 10 employees without really achieve 10 during the same period of 30 days, any new redundancy planned during the next 3 months is subject to the conditions of this chapter.»
(L1233-26 article)

«When a company or a subsidiary submitted to the legal rules on Work’s Councils has dismissed for economical reasons within a year, up to 18 employees without obligation to present the Protection Plan of Employment according L1233-26 article or L1233-28 article, any new redundancy planned during the first 3 months of the following year is subject to the conditions of this chapter.»
(L1233-27 article)