EMCC European Monitoring Centre on Change

France: Public authorities information and consultation on dismissals

France
Phase: Anticipation
Type:
Public authorities information and consultation on dismissals
Last modified: 18 June, 2021
Native name:

Code du travail

English name:

Labour Code

Article

L. 1233-24-1, L.1233-46, L. 1233-53, L.1233-57-12 and L.1233-57-13

Description

Any employer has to notify the labour inspectorate of each collective redundancy plan affecting a minimum of 10 or more employees over a 30-day period. In companies with less than 10 employees, the employer notifies the labour inspectorate in maximum 8 days after sending the dismissal letters to the redundant employees.

If employee representative bodies are present within the company, notification has to be provided to the labour inspectorate the day following the first meeting with the employee representatives. The information provided to the employee representatives are sent to the regional labour authorities at the same time ('Direccte'). On or before the same day, the employer has to notify its intention to launch negotiations on an employment security plan ('Plan de sauvegarde de l'emploi').

In companies with fewer than 50 employees, administrative authorities have 21 days to make sure that existing employee representatives have been informed and consulted in compliance with legal provisions and collective agreements, that worker representatives have been informed of any measures to avoid forced dismissals, or to reduce the number of job reduction and to facilitate employees' redeployment. Finally, the administrative authorities have to check that these measures are properly implemented.

Comments

Obligations of employers seeking external redeployment in case of redundancies: Companies that are not under judicial redress, are not insolvent and have more than 1,000 employees are obliged to attempt to find an investor in the case of a closure of the establishment that would result in collective redundancies (Labour Code, L.1233-57-14 to L.1233-57-22 and R.1233-15 to R.1233-15-2). In this framework, the employer has to inform and consult the employees' representatives, and immediately the public authorities (Labour Code, L.1233-57-12) – that will inform the elected representatives of the impacted territory – and also the mayor of the city where the closure is expected (Labour Code, L.1233-57-13).

Cost covered by
Not applicable
Involved actors other than national government
  • Other
Involvement others
Labour inspectorate
Thresholds
2
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