Implementation of the Law on the Securing of Employment

A major new law ('Loi sur la sécurisation de l'emploi') was passed in June, setting out new procedures for collective dismissals. For more detail on the content of the Law see Be Global August 2013. On 1 August 2013 the Government published the timeline for publication of the decrees implementing the Law. A number of decrees have already been adopted; confirming that the competent labour authority for the validation of a social plan is the regional director of the French labor administration ("DIRECCTE") and that if an expert opinion is requested by the Works Council, if the expert does not report in a timely manner, this will not postpone the deadlines for the information/consultation of the employees' representative bodies.

A number of legal issues still remain to be addressed. The following main decrees will be published by the end of October 2013:

  • Decree relating to the specific timeframe within which the works council must give its opinion ("avis");
  • Decree relating to the content of the economic and social data base accessible to the staff representatives;
  • Decree relating to the timeframe within which the technical expert or the accountant appointed by the works council must present his report.

The decrees relating to the time allotted to the staff representatives at the company's board to exercise their mandate will be published by the end of December 2013.

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