Ethix

Agreement on the process

«An agreement inside the company, the group or the subsidiary can specify the means of information and consultation of the Works’ Council if the Board plans to dismiss 10 employees or more in the same period of 30 days. It is possible only in case of exception on the rules of consultation of Staff Representatives mentioned in this paragraph and in the Book III, chapter second.» (L1233-21 article) 

«The agreement mentioned in L1233-21 article specify the conditions how the Work’s Council:

1° is called for a meeting and informed on the economical and financial situation of the company;
2° can introduce its adjustments to the economical project implying a firm restructuring with consequences on employment and obtain an argued answer to its proposal by the Board. 
The agreement may organize the implementation of professional and geographical moves inside the company or the group. It can specify the conditions to prepare the Protection Plan of Employment concerned as mentioned in L1233-61 article, and anticipate the content of the agreement.»
(L1233-22 article)

«According to the agreement mentioned in the L1233-21 article, there is no exception for: 
1° the commitment of the company in training, tailoring, and redirection of the Staff;
2° the general rules of information and consultation of the Work’s Council mentioned in L2323-2, L2323-4 and L2323-5 articles; 3° the forwarding of information to the Staff Representatives as mentioned in L1233-31 to L1233-33 articles;
4° the specified rules of consultation in case of recovery or judicial liquidation mentioned in L1233-8 article.»
(L1233-23 article)
«Any disputation concerning all or a part of an agreement mentioned in L1233-21 article, has to be known before a period of 3 months from its date of registration as mentioned in L2231-6 article. Otherwise, it can’t be taken in account.
This period of time can be brought up to 12 months if the agreement concerns or anticipates the details of the Protection Plan of employment mentioned in L1233-61 article.» 
(L1233-24 article)