COLLECTIVE DISMISSALS FOR ECONOMIC REASONS
LexInter | August 9, 2017 | 0 Comments

COLLECTIVE DISMISSALS FOR ECONOMIC REASONS

Article L321-2
(Law nº 73-4 of January 2, 1973 Official Journal of January 3, 1973) (Law nº 82-689 of August 4, 1982 art. 4 Official Journal of August 6, 1982) (Law nº 82-957 of November 13, 1982 art. 28 Official Journal of November 14, 1982) (Law nº 86-1320 of December 30, 1986 art. 6 III Official Journal of December 31, 1986) (Law nº 86-1320 of December 30, 1986 art. 6 II, art. 7 Official Journal of December 31, 1986) December 1986) (Law n ° 89-549 of August 2, 1989 art. 21, art. 22 Official Journal of August 8, 1989)(Law n ° 2002-73 of January 17, 2002 art. 114 Official Journal of January 18, 2002)
In agricultural, industrial or commercial enterprises or establishments, public or private, in public and ministerial offices, liberal professions, civil societies, professional unions, associations of any kind, employers who plan to proceed with dismissals for economic reasons are required:
1 ° When the number of dismissals for economic reasons envisaged is less than ten in the same period of thirty days:
a) To meet and consult, in the event of collective dismissal, the works council or staff representatives in accordance with Articles L 422-1 or L 432-1 as the case may be;
b) To inform the competent administrative authority of the dismissal (s) which have been pronounced;
2 ° When the number of planned redundancies is at least equal to ten in the same period of thirty days:
a) To convene and consult the works council or the staff representatives, in accordance with article L321-3  ;
b) To notify the planned redundancies to the competent administrative authority under the conditions provided for in Article L. 321-7;
3 ° When the redundancies occur within the framework of a judicial reorganization or liquidation procedure, to respect the provisions of articles L. 321-8 and L. 321-9.In companies subject to the provisions of Articles L. 435-1 and L. 435-2, the consultations referred to in the preceding paragraphs concern both the central works council and the establishment committee (s) concerned, since the planned measures exceed the power of the school head (s) concerned or target several schools simultaneously. In this case, the works council or committees hold the meetings provided for in the fourth paragraph of article L. 321-3 respectively after the first and second meeting of the central works council held in application of the same paragraph.
If the appointment of a chartered accountant provided for in the first paragraph of article L. 434-6 is considered, it is carried out by the central works council, under the conditions provided for in article L. 321-7- 1. In this case, the works council (s) hold two meetings, in application of the fourth paragraph of article L. 321-3 respectively after the second and the third meeting of the central works council.
When a company or an establishment subject to the legislation on works councils has made redundancies for economic reasons for more than ten people in total for three consecutive months, without reaching ten people in the same period of thirty days, all Any new redundancy planned during the following three months is subject to the provisions of this chapter governing plans for the redundancy of at least ten employees.
When a company or an establishment subject to the legislation on works councils has made redundancies for economic reasons in the course of a calendar year of more than eighteen people in total without having to present a safeguard plan of employment under 2 ° or the preceding paragraph, any new redundancy envisaged during the three months following the end of this calendar year is subject to the provisions provided for in this chapter governing plans for redundancies of at least ten employees.
Article L321-2-1(inserted by Law n ° 2002-73 of January 17, 2002 art. 110 Official Journal of January 18, 2002)
In companies employing at least fifty employees where the works council has not been set up although no deficiency report has been drawn up and in companies employing at least eleven employees where no employee representative was put in place when no deficiency report was drawn up, any dismissal for economic reasons being carried out without, therefore, the information, meeting and consultation obligations of the committee company or employee representatives are respected is irregular. The employee thus dismissed is entitled to an indemnity which may not be less than one month’s gross salary, without prejudice to the redundancy and notice indemnities which are otherwise due to him.

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