Termination of Employment 合同s in France
I.法国的社会计划(PSE)
一个法国 employer who, for economic reasons, considers a dismissal procedure of several employees must, depending on the number of workers who are dismissed, draw up a social plan (PSE) and have it also approved (艺术icles L. 1233-61 ss. 代码杜 阵痛).
的目的 the social plan is to reduce dismissals as far as possible, to make them socially acceptable or – as far as possible – even to limit the number of 解雇员工. 社会计划 requires the external approval of the French Labor Direction DIRECCTE or at least the internal approval of the 工作委员会.
社会计划 provides various measures to make economic dismissals socially acceptable. It is mandatory in companies with at least 50 employees if the planned dismissal concerns at least 10 employees over a period of 30 days.
社会计划 contains a catalog of measures, such as a retraining plan for employees whose 解雇是不可避免的. 的 catalog of measures as well as the procedure to be followed are determined in the social plan itself.
的雇主 companies with at least 1,000 employees who are planning a complete company shutdown are also obliged to first seek potential buyers.
社会计划 may also provide for other measures, such as incentives for voluntary retirement 和再培训.
下的冗余 a social plan will be canceled if the DIRECCTE has not validated or approved it or if the 工作委员会 has not been consulted on time. 在无效的情况下 of a social plan, the employee must be reinstated or receive compensation equal to at least the salary of the last 6 gross monthly salaries.
Sollte die Rahmenvereinbarung hingegen abgelehnt werden, kann diese zur nochmaligen Freigabe nachgebessert bei der DIRECCTE eingereicht werden.
II.) 的 Collective Redundancy Agreements in France (RCC)
平行于 social plan there is also the possibility of a collective redundancy agreement.
自 beginning of last year, regardless of the size of the company, a so-called “framework 合同 for several simultaneous termination agreements” could be proposed to 员工(第1条. 1237-17见劳动代码).
这是一个 framework agreement which specifies the conditions for a possible voluntary departure in exchange for extra remuneration of several employees. 这 framework agreement must also be explicitly (or implicitly) approved by the DIRECCTE within two weeks after the day of its submission. 如果没有书面批准 given within this period, the framework agreement is considered as accepted. However, if the framework agreement is rejected, a new and improved version can be submitted to DIRECCTE for further approval.
员工是 then informed on the workplace according 艺术. L. 1237-19- 4 du 代码杜 阵痛 about the framework agreement and the conditions of participation.
3.) Requirements and differences to other dismissal measures
该框架 Agreement is not a social plan that is subject to much higher statutory requirements and, moreover, requires an economic reason (see above).
的目的是 协议集体的重要破裂 conventionnelle集体” is to reduce the number of employees in the company as part of voluntary departure plan without a redundancy plan.
Die Rahmenvereinbarung, welche den rechtlichen Rahmen für zukünftige Aufhebungsvereinbarungen absteckt und im Rahmen dessen sodann die einzelnen Aufhebungsvereinbarungen erfolgen, muss gem. 艺术. L. 1237-19-1代码du 阵痛 folgende Mindestvoraussetzungen enthalten:
不像 regular individual termination agreement, a framework agreement for future collective termination agreements can only be decided by the employer. 的 framework agreement, which sets out the legal framework for future termination agreements and under which the individual termination agreements are to be concluded, must be adopted in accordance with 艺术. 艺术. L. 1237-19-1代码du 阵痛.
此外, formal requirements according to 艺术. L 2232-12 du Code de travail must be respected. 最后, it is important to note that no employee can be forced to terminate the 合同. However, should the employee be interested in it, the employment relationship will be mutually canceled if approved by the employer.
的 departing employees are entitled to unemployment benefits in addition to the financial compensation under the termination agreement.
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Information by ALARIS AVOCATS, English speaking lawyers in France (Paris) specialized in French labor law, especially any kinds of Social Plans, dismissal procedures and labor 合同 clauses.