Mass redundancies and corporate restructuring plans

Thèmes abordés

Licenciement de masse, licenciement, procédure de licenciement, licenciement pour raison économique

Résumé du document

Concerning technological changes: They have to have consequences on a company's jobs. It is not justified if it is only about a change of software. In this case, the company will have to adapt the employees to the technological evolutions.

Concerning reorganization of the company:
The employer can use redundancy only if the reorganization is necessary to protect the competitiveness of the company.

Concerning the suspension of activities: According to the Case Law, the suspension of activities can cause redundancy if it is not a temporary measure and if it is not caused by the employer's fault or negligence.

The employer has to deal with the adaptation of his employees in their job. He has to take into account the evolution of jobs, technologies and organization. When it is necessary, the employer can propose to the employees different trainings in order to improve their skills. The Court of Justice can check if the employer has respected this obligation.

Extraits

[...] It is the same for the minutes. So that, they can check the regularization of the proceedings. DIRECCTE can also propose modifications if necessary. And they can complete insuffisance or create an inexistent PSE. Logo_de_la_DIRECCTE Mass redundancies and corporate restructuring plans < number > 3. PSE (Plan de Sauvegarde de l'Emploi) It is mandatory if there are 50 employees or more in the company 10 redundancies at least must be concerned. It must been given to the workers' representatives. (Labour Code, art. [...]

[...] < number > < number > Mass redundancies and corporate restructuring plans 1.2 What is the content of the plan? Action of internal redeployment on employment base on the same category of the one they had before, or lower category if they have given their acceptance. -Creation of new activity by the enterprise -Action helping external redeployment, out of the firm -Actions to support the creation of new activities by employees -Training actions, validation of acquired experience -Measures of work reduction, management of work time -Measures of reduction of overtime done on a regular basis. [...]

[...] < number > < number > Mass redundancies and corporate restructuring plans 3. Rules of redeployment obligation (obligation de reclassement) There are two kinds of redeployment obligation: The « internal » redeployment The « external » redeployment 3.1 « Internal » redeployment An internal redeployment is managed by the employer who has to find the same kind of job or an other job for the employees concerned by the redundancy in the company. The redeployment is mandatory for a company with more than 25 employees. [...]

[...] » < number > Mass redundancies and corporate restructuring plans < number > Mass redundancies and corporate restructuring plans Concerning economical reasons: They have to be material and substantial at the date of the redundancy notification. It is not sufficient to establish economical reasons: - the loss of market - the slowing down of sales or profits. Meanwhile, - an important indebtedness - the loss of the unique client - an significant deterioration in results, can justify a redundancy. < number > < number > Mass redundancies and corporate restructuring plans Concerning technological mutations: They have to have consequences on company's jobs. It is not justified, if it is about a change of software. [...]

[...] Small and big mass redundancy: Small mass redundancy: refers to the redundancy from 2 to 9 employees on a period of 30 days. Big mass redundancy: refers to the redundancy of more than 9 employees on a period of 30 days. Procedures are different according to a small or big mass redundancy. Meanwhile some points are similar. < number > Mass redundancies and corporate restructuring plans 2. Adaptation and redeployment obligation Adaptation obligation The employer has to deal with the adaptation of his employees in their job. He has to take into account the evolution of jobs, technologies and organization. [...]