LexInter | July 9, 2015 | 0 Comments


Article L321-4-1

Law n ° 89-549 of August 2, 1989 art. 10 IV Official Journal of August 8, 1989) (Law nº 93-121 of January 27, 1993 art. 60 I Official Journal of January 30, 1993) (Law nº 2002-73 of January 17, 2002 art. 93, art. 96 I, art 112 Official Journal of January 18, 2002) (Law n ° 2003-6 of January 3, 2003 art. 1 Official Journal of January 4, 2003) (Ordinance n ° 2004-602 of June 24, 2004 art 13 I Official Journal of June 26, 2004)(Law n ° 2005-32 of January 18, 2005 art. 71 I Official Journal of January 19, 2005)

In companies employing at least fifty employees, when the number of dismissals is at least equal to ten in the same period of thirty days, the employer must establish and implement a job protection plan to avoid dismissals or to limit the number and to facilitate the reclassification of staff whose dismissal could not be avoided, in particular elderly employees or who have social or qualifying characteristics that make their professional reintegration particularly difficult The dismissal procedure is null and void as long as a plan for the reclassification of employees who are part of the job protection plan is not presented by the employer to the employee representatives, who must be met, informed and consulted.   This plan must include measures such as, for example:
– actions for the internal reclassification of employees to jobs falling within the same job category or equivalent to those they occupy or, subject to the express agreement of the employees concerned, in lower category jobs;
– creation of new activities by the company;
– actions promoting reclassification outside the company, in particular by supporting the reactivation of the employment pool;
– actions to support the creation of new activities or the takeover of existing activities by employees;
– training, validation of acquired experience or retraining actions to facilitate the internal or external reclassification of employees to equivalent jobs;
– measures to reduce or adapt working time as well as measures to reduce the volume of overtime worked on a regular basis when this volume shows that the organization of the work of the company is established on the basis of a collective duration manifestly greater than thirty-five hours per week or 1,600 hours per year and that its reduction could preserve all or part of the jobs the elimination of which is envisaged. .In the absence of a works council or staff representatives, this plan as well as the information referred to in Article L. 321-4  must be communicated to the competent administrative authority when the notification of the planned dismissal provided for in first paragraph of Article L. 321-7. In addition, this plan is brought to the attention of employees by posting it in the workplace.
The validity of the job protection plan is assessed in the light of the means available to the company or, where applicable, the economic and social unit or the group.
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