Job protection plan: definition
The job protection plan takes place in the context of a dismissal for economic reasons. The purpose of this system is to avoid redundancies or to limit them. It must be implemented in companies with more than 50 employees when the redundancy plan concerns at least 10 employees over a period of 30 consecutive days.
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Content of the job protection plan
The job protection plan must include:
- actions aimed at the internal reclassification in France of the employees affected by the dismissal to positions falling within the same job category or equivalent;
- actions aimed at the external reclassification of employees;
- creation of new activities by the company;
- training or retraining actions;
- actions to support the creation of a business or the takeover of a business;
- working time organization measures (reduction of working time, reduction of the volume of overtime, etc.);
- the conditions for implementing the professional security contract or redeployment leave;
- a reclassification plan and the conditions for its implementation to facilitate the reclassification of employees for whom dismissal is inevitable.
The employer can also provide in the job protection plan the conditions for implementing a conversion leave, the establishment of a reclassification unit or the conditions for granting incentive bonuses. on voluntary departure.
Development of the job protection plan
The job protection plan is drawn up either by agreement with the trade unions or the works council or by unilateral document from the employer. If it is drawn up in the framework of an agreement, the absolute majority of the representative trade unions in the company or the majority of the elected full members of the works council is necessary for validation. The Social and Economic Committee (CSE) is consulted.
In the case of a unilateral document from the employer, the employer himself draws up the job protection plan and submits it to the CSE for consultation.
Approval of the job protection plan
The job protection plan must be sent to the Dreets (Regional Directorate for the Economy, Employment, Labor and Solidarity) for approval. The Dreets then checks the regularity of the procedure, the conformity of the content of the plan, the proportionality of the plan with regard to the means of the company. The Dreets has a period of 15 days to validate the PSE drawn up within the framework of a collective agreement or 21 days within the framework of a unilateral document. The job protection plan comes into force after approval by the Dreets.
To note: the employees affected by the dismissal procedure are informed of the approval decision either by posting in the workplace or by any other means since the date on which the employees are informed can be determined.
The decision of the Dreets may be the subject of a contentious appeal before the administrative court by the employer, staff representatives, company employees or trade unions.
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Invalid PSE: what consequences?
A job protection plan is invalid in the following cases:
- refusal of approval by the Dreets;
- lack of approval by Dreets;
- no consultation with the CSE.
In the event of invalidity of the PSE, the dismissal of the employee is canceled. The judge can then pronounce the continuation of the employment contract if the employee requests his reinstatement within the company or the nullity of the dismissal in the contrary case.