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What are the benefits under the Syntec agreement?

Are you covered by the Syntec collective bargaining agreement and want to know what benefits you are entitled to?

The Syntec collective bargaining agreement contains special provisions enabling employees subject to this agreement to benefit from various advantages.

These benefits include: paid vacations, working conditions (remuneration, sick leave), health and professional training.

Vacation pay benefits

The Syntec collective bargaining agreement offers employees additional paid leave based on seniority, in addition to the 25 days of annual paid leave provided for by the French Labor Code. An additional day is granted for every 5 years of seniority:

  • After 5 years’ seniority, 1 additional day’s leave is granted
  • After 10 years of seniority, 2 additional days of leave are granted
  • After 15 years of seniority, 3 additional days of leave are granted
  • After 20 years’ service, 4 additional days are granted.
congés payés avantages syntec

Advantages in terms of working conditions

  • A vacation bonus: every employer subject to the provisions of the Syntec collective bargaining agreement must set aside, each year, the equivalent of at least 10% of the total amount of vacation pay earned under the collective bargaining agreement, for the payment of a vacation bonus to all company employees. This makes it possible to pay employees a vacation bonus, according to a calculation method chosen by the employer and stipulated in the agreement. This bonus can be paid in several instalments. However, it is not possible to replace this bonus with a 13th month’s pay or another bonus (e.g. target-based).

  • Salary continuation in the event of sick leave, without waiting period, for employees with at least one year’s seniority (or without condition in the event of sick leave or occupational accident).

Health benefits

Pregnant employees benefit from a paid 20-minute reduction in working hours per day, from the 3rd month of pregnancy. Employees who have a spontaneous termination of pregnancy, as well as their spouse, PACS partner or husband, are also entitled to 2 days’ leave.

Professional training benefits

The agreement pays particular attention to employee training. Training courses can be set up, using innovative methods such as on-the-job and distance training sequences, both collective and individual (MOOC, e-learning, SPOC, etc.). The Collective Bargaining Agreement also provides for the possibility of employees obtaining professional accreditations and certifications (registered with the RNCP or specific repertory), through the professional training account (CPF).

Benefits of complementary health care

The supplementary health plan set up by the Syntec branch provides for individual social benefits, such as :

  • Social assistance coverage for single-parent families,
  • Social assistance to cover a dependent spouse,
  • Financial assistance for alternative medicine, up to a maximum of €120/year,
  • Assistance with the cost of a sports season ticket, up to a maximum of €200/year.

DESRUMAUX AVOCATS is naturally at your disposal to discuss the terms and conditions of the Syntec agreement in terms of employee benefits, and more generally all the provisions of this agreement.

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Overtime under the Syntec agreement: rules and remuneration

The legal working week in France is 35 hours. A collective agreement can modify this working week, which is not the case for the Syntec collective bargaining agreement, apart from the special arrangements provided for in this agreement.

Hours worked in excess of this are referred to as overtime. In this case, they are subject to special rules concerning their execution and remuneration, which may be set by collective agreement.

The Syntec collective bargaining agreement sets out the framework applicable to these hours for the employees it governs.

Heures supplémentaires rémunération convention syntec

⚠ Please note: these provisions do not apply to employees covered by a fixed annual number of days. The working hours of these employees are calculated in days, over the year, without taking into account the number of hours worked.

Overtime is worked at the employer’s request, or with the employer’s agreement, or when it is made necessary by the tasks entrusted to the employee.

⏰ There is a limit to the amount of overtime an employee can work. An annual quota sets the number of hours an employee can work over and above his or her statutory or contractual working hours. To set this quota, the Syntec collective bargaining agreement distinguishes between :

  • ETAM (Employees, Technicians and Supervisors), for whom the annual overtime quota is 130 hours.
  • Managers, for whom the legal overtime quota of 220 hours applies.

Overtime pay is subject to a premium. A distinction must therefore be made between :

  • The first 8 hours of overtime worked in a single week (i.e. between the 36th and 43rd hour of overtime for a 35-hour working week), which are increased by 25%.
  • For subsequent hours, 50% extra.

Therefore, if a collective agreement so provides, the payment of these hours may be replaced, in whole or in part, by an equivalent compensatory rest period. As the Syntec collective bargaining agreement does not contain any such provision, this possibility must be covered by a company agreement.

If you wish to make changes to your overtime arrangements, we recommend that you adopt an agreement within your company to set different arrangements to those provided for by law. DESRUMAUX AVOCATS is at your disposal to help you set up such an agreement, and more generally to answer any questions you may have about overtime under the SYNTEC agreement.

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Redundancy: 5 mistakes to avoid

The redundancy procedure is a complex one, in which a number of errors can occur.

Some mistakes can have major financial consequences for your company.

avertissement erreurs à éviter licenciement économique

1- Respecting the definition of economic redundancy

The French Labor Code precisely defines economic redundancy.

Economic redundancy is pronounced for one or more reasons not inherent to the person of the employee and resulting from the elimination or transformation of a job, or a modification refused by the employee of an essential element of the employment contract, consecutive to :

  • Economic difficulties: significant drop in orders or sales, operating losses, deterioration in cash flow;
  • Technological change;
  • Company reorganization;
  • Termination of business.

⚠ Warning: the notion of economic difficulty is very precisely defined by law and very strictly assessed in case law.

For example, a significant drop in orders or sales is deemed to have occurred when the duration of the drop, compared with the same period of the previous year, is at least equal to one quarter for companies with fewer than 11 employees, 2 quarters for companies with at least 11 employees and fewer than 50 employees…

The French Supreme Court also clarified the notion of loss of business or deterioration in cash flow in a recent ruling.

To justify a redundancy plan, it stated that business losses must be significant, serious and lasting in the sector concerned, and on a sufficiently large scale.

If you fail to provide proof of the reality of your economic difficulties, or if they do not comply with legal provisions or case law, the dismissal may be deemed to be without real and serious cause, and you may be ordered to compensate the employee for several months’ salary.

We therefore recommend that you take care when considering dismissing an employee for economic reasons.

2- Compliance with the reclassification obligation

The first step in the redundancy procedure is to implement all the measures needed to avoid redundancies, including the search for new jobs.

The employees concerned should be offered every possible redeployment solution, first and foremost to their current position, but also to other types of position, including those requiring short-term training.

As a gesture of good faith in implementing this obligation, employees can also be informed individually, by registered mail, of the possibility of receiving outplacement offers beyond the national territory.

If your company belongs to a group, you will need to look for redeployment opportunities within the group.

☝ We recommend that you formulate all outplacement offers in writing, individually and precisely, and that you be able to give this writing a date certain.

If this obligation has not been properly fulfilled, or if it is impossible to prove that it has been, the dismissal may once again be deemed to lack real and serious cause, and you may be ordered to pay damages.

3- The proposal for a job security contract

If economic redundancy becomes unavoidable, the employee should be offered the possibility of signing a “contrat de sécurisation professionnel” at the time of the preliminary interview, and should be given the relevant documents so that he or she can be properly informed. The employee should also be informed of the possibility of contacting the public employment service to help him or her make a decision.

The employee has 21 calendar days in which to accept or reject the contrat de sécurisation professionnel.

This period must be respected in its entirety, even if the employee accepts or refuses the proposal during this period.

⚠ Warning: if this proposal is not made to the employee, you may be ordered to pay a contribution equal to 2 months’ gross salary, increased to 3 months if the employee finally joins the contrat de sécurisation professionnelle.

4- Consultation with employee representatives

In the case of individual redundancies, the Social and Economic Committee (CSE) must be consulted if the redundancy is linked to a reorganization of the company or concerns an employee representative.

It will also be consulted on the order of redundancies, unless this issue is already covered by a collective agreement.

When at least two employees are involved in a proposed redundancy plan, the CSE must be informed and consulted, and a meeting of the CSE must be held to discuss the matter.

In companies where there is no CSE, an official statement of absence must be drawn up, failing which the redundancy will be considered irregular.

⚠ If this procedure is not followed, or if no notice of default is drawn up, the employees concerned will be entitled to claim, in addition to the compensation due for their dismissal, a specific indemnity to compensate for the prejudice caused by this failure.

5- Meeting deadlines

The redundancy procedure imposes a number of deadlines that must be strictly adhered to.

Thus, the preliminary interview cannot take place less than 5 working days after presentation of the preliminary interview invitation letter.

The letter of dismissal can only be sent to the employee after a period of 7 working days in the case of small-scale collective redundancies, or even 15 days if the employee is an executive.

The DREETS must also be informed within 8 days of the redundancy letter being sent to the employee.

⏰ If the redundancy procedure has not been complied with, the employee concerned may claim compensation equivalent to one month’s salary.

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The redundancy procedure is particularly complex, with many pitfalls that could result in your company being ordered to pay various sums.

Naturally, DESRUMAUX AVOCATS is at your disposal to help you implement this procedure.

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Sharing value in small businesses

Article abstract:

The law of November 29, 2023 introduced a new mandatory experimental value-sharing scheme for small businesses.

In this article, we will review the conditions under which your company can enable your employees to benefit from this scheme, as well as the procedures for implementing it.

partage de valeur camembert droit social

The conditions for your employees to benefit from this scheme :

    • This experimental scheme concerns companies with at least 11 employees that are not obliged to set up a profit-sharing scheme.
    • This system must be set up when the company has made a net profit for tax purposes equal to at least 1% of sales for three consecutive financial years.

⚠ Net profit for tax purposes corresponds to the profit taken into account in the legal formula for calculating the special profit-sharing reserve, as set out in Article L.3324-1, 1° of the French Labor Code.

When these conditions are met, you must implement one of the following three measures:

  • Setting up a profit-sharing agreement ;
  • Setting up a profit-sharing scheme ;
  • Contributing to an employee savings plan ;
  • Pay a value-sharing bonus.

Important: if your company already implements one of these three schemes, then you will be exempt from this obligation, which you are already implementing in practice.

⏰ This obligation will apply to financial years starting on or after January 1, 2025, and the three previous financial years will therefore be taken into account to determine whether or not you need to set up one of these systems in your company.

We therefore recommend that you check your net taxable income for the years 2022 and 2023 to ensure whether or not you meet the required conditions, since you will be subject to this obligation, if applicable, as early as 2025, depending on the results for the year 2024.

The scheme will run for 5 years from the date of promulgation of the law, i.e. from November 29, 2023 to November 2028.

Cabinet DESRUMAUX AVOCATS will be happy to provide you with further information on this scheme and, if you are concerned, to help you set up your own.

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Increased vigilance when it comes to signing up pregnant employees to the contrat de sécurisation professionnelle (job security contract)

salariée enceinte sécurisation professionnelle

Our previous article on redundancies highlighted the obligation to offer employees a “contrat de sécurisation professionnelle” (CSP). However, where a pregnant employee is concerned, particular attention must be paid to the justification for dismissal.

In the event of redundancy, employees are obliged to be offered a Contrat de Securisation Professionnelle (CSP). However, particular attention is required when a pregnant employee is concerned.

⏰ An important reminder: Dismissal of a pregnant employee is prohibited, except in cases of gross misconduct or if the position cannot be maintained for reasons unrelated to the pregnancy. Otherwise, breach of contract is considered null and void.

The Cour de cassation (French Supreme Court) points out that the employee’s acceptance of the CSP does not alter this rule. Even in this context, the employer must justify the economic dismissal by demonstrating that maintaining the position is impossible for reasons other than pregnancy.

According to established case law, the existence of an economic reason is not sufficient to justify the termination of an employee’s employment contract during pregnancy.

Also: when the employee concerned is pregnant, the letter of dismissal must indicate the economic reason for dismissal (1) and also justify the impossibility of maintaining the employment contract (2), which must necessarily be unrelated to the pregnancy.

If the two grounds are not included, the termination of the employment contract will be null and void. As a result, the employee will be entitled to claim damages representing at least 6 months’ salary.

⚠ Important: This principle applies in the same way to protected employees in the event of an industrial accident. CSP must not be used as a loophole to circumvent legal protections against dismissal.

In other words, as soon as an employee benefits from protection against dismissal, particular attention must be paid to the grounds for dismissal, whatever the terms of the dismissal: in this case, the conclusion of a CSP is not sufficient to justify the dismissal of a sick employee or a pregnant employee.

We strongly advise you to be vigilant if you are planning to dismiss employees who benefit from special protection under legal provisions.

Naturally, DESRUMAUX AVOCATS will be happy to assist you with your dismissal procedures.

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Redundancy for economic reasons: economic operating losses alone do not justify dismissal

Article abstract:

To justify redundancy, it is essential to demonstrate the serious and lasting nature of economic difficulties, such as a significant drop in orders or sales, technological change, reorganization of the company, or cessation of activity.

The French Supreme Court insists that these difficulties, notably operating losses or deteriorating cash flow, must be significant, serious and lasting.

In the absence of sufficient evidence of the extent of these difficulties, the dismissal may be deemed to be without real and serious cause.

(Cass. Soc. October 18, 2023, no. 22-18.852)

Difficultés économiques entreprise

Read the full article:

Article L. 1233-3 of the French Labor Code sets out a list of objective criteria for determining the existence of economic difficulties justifying redundancy, including :

    • Significant drop in orders or sales, operating losses, deterioration in cash flow;
    • Technological change ;
    • Company reorganization ;
    • Company ceases trading.

Legal provisions lay down specific conditions for declining orders and sales. For operating losses or cash flow deterioration, legal provisions require only a “significant change”.

The French Supreme Court has therefore clarified the conditions under which these factors, which are not specified by legal provisions, can justify redundancy for economic reasons, stating that they must be “serious and lasting” in order to justify redundancy for economic reasons. The Court of Cassation had already stated in the past that changes in EBITDA could justify redundancy if the deterioration in this economic indicator was of a “serious and lasting” nature. In other words, the employer cannot invoke economic difficulties if the deterioration in the economic index concerned is only slight or temporary.

Mere temporary or minor disruptions do not justify redundancy. Here, the Cour de cassation has made similar clarifications concerning business losses.

To be considered grounds for redundancy, business losses must be significant, serious and lasting in the sector concerned, and of a sufficiently large scale. If there is insufficient evidence of the extent of the deterioration in economic indicators, the dismissal may be considered to be without real and serious cause.

It is advisable to enlist the support of experts such as DESRUMAUX AVOCATS when implementing redundancy procedures.

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Changing the place of work for SYNTEC employees

Are you covered by the SYNTEC agreement and want to change your employees’ place of work?

Special conditions apply to the mobility of your employees, as laid down by law, to which the Syntec agreement has added a number of specific features that are important to specify.

  • Changing the employee’s place of work

The Syntec Convention distinguishes between employees subject to a mobility clause and those who are not.

For employees whose employment contracts do not include a mobility clause, the collective bargaining agreement states that when the change of workplace occurs within the same geographical sector, it can take place without the employee’s agreement, even in the absence of a mobility clause.

On the other hand, if this change takes place outside this geographical area, it will constitute a change to the employment contract, requiring the employee’s agreement.

If the employee refuses the new workplace, you have a choice: either abandon the proposed change, or dismiss the employee.

The dismissal must be motivated by the reasons that led to the proposed change in the workplace, and under no circumstances may it be motivated by the employee’s refusal to accept it.

  • Please note: the Syntec Convention is very vague on the geographical area in which you can change the employee’s place of work without his or her authorization. We recommend that you only use this possibility within a very restricted geographical area, otherwise the change could be qualified as a modification of your employee’s employment contract, and would require his or her agreement. To avoid any difficulties, the best solution is to include a mobility clause in your employees’ employment contracts.

If a mobility clause is included in the employee’s employment contract, then changing the employee’s place of work never constitutes a change to his or her employment contract, provided the clause complies with the legal conditions for its validity and is implemented in good faith.

In this case, the employee’s refusal may be grounds for dismissal.

To be valid, a mobility clause must precisely define the geographical area to which it applies.

The greater the employee’s responsibilities, the more extensive the zone.

In order to be enforced, the mobility clause must also be implemented in good faith: it must meet an objective business need, for example to respond to a large supply of work in the employee’s new geographical area.

The Syntec Agreement also specifies that the mobility clause must be implemented with reasonable advance notice.

Even if the mobility clause and its implementation meet all of the above conditions, the employee may still refuse its application under the following conditions:

– If the transfer also modifies another essential element of his employment contract, in which case he will need to sign a supplementary agreement;

– If the transfer affects the employee’s personal and family life.

The implementation of a mobility clause can be a source of litigation, so we recommend that you seek assistance when setting up this mechanism.

  • On the reimbursement of expenses provided for in the Syntec Agreement in the event of a change of residence by employees

The Syntec Convention stipulates that when the modification of an employee’s employment contract results in a change of residence, the company must cover certain expenses: moving and travel costs incurred by the employee and his family.

The amount of these expenses will be subject to your prior agreement.

If the employee is informed of the change of residence too late to terminate the lease, he/she will also be required to pay the landlord the cost of reimbursing rent and charges, up to a maximum of three months’ rent. These costs will then be added to the removal costs mentioned above.

If the employee’s family is unable to move closer to his new place of assignment, the employee will be considered to be in a situation of displacement, and will be entitled to compensation for such displacement. This compensation must be paid for a maximum of one year.

The collective bargaining agreement also provides for the reimbursement of these moving expenses in the event of the employee’s dismissal, if he or she returns with his or her family to his or her original place of residence within 6 months of the dismissal, and provided the dismissal was not for serious misconduct. This reimbursement may be applied under the same conditions, with the employer’s agreement, if the employee decides to move to a location other than his or her initial place of residence.

To benefit from this reimbursement, the employee must be dismissed within 2 years of the change in workplace.

This reimbursement will be made on presentation of supporting documents.

In addition to the conditions for implementing a mobility clause, which can give rise to difficulties with the employees concerned, the Syntec agreement lays down very specific provisions that you should be aware of before planning an employee transfer, as this can entail significant expenses for your company.

Naturally, DESRUMAUX AVOCATS is at your disposal to assist you in the event of a change in the workplace of one or more of your employees.

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News: New rules for very small businesses’ professional elections

The CERFA model for the procès-verbal de carence has just been modified, and this change will be of great interest to companies with between 11 and 20 employees.

Previous regulations:

Until now, in these companies, it was sufficient to inform staff of the organization of professional elections.

If no employee put himself forward as a candidate within 30 days, the VSE could draw up a “procès-verbal de carence” (minutes of default) attesting to the absence of elections.

The CERFA template included a specific box for companies with fewer than 20 employees, stating that ” in accordance with the provisions of article L.2314-5 paragraph 5 of the Labor Code, no election has been organized “.

New regulations:

Following a ruling by the French Constitutional Council, the Ministry of Labor has revised its interpretation of the relevant legal provisions.

From now on, very small companies (TPE) are exempted from negotiating the pre-electoral protocol with the trade unions; in other words, they can draw up this agreement internally without going through external negotiations.

However, these companies are still required to organize professional elections.

If, at the end of the two rounds of voting, there is neither an elected representative nor a candidate, the company may draw up a “procès-verbal de carence”.

The French Ministry of Labor updated its website on September 29, confirming that if no employee has applied for election within 30 days of the employer informing the workforce of the forthcoming elections, the electoral process must continue.

The Ministry specifies that the procès-verbal de carence can only be drawn up if no one has stood as a candidate in either the first or second round.

Please note: any employee may stand for re-election within 6 months of the end of the last election. In other words, the PV de carence is only valid for 6 months.

The new regulations seem rather onerous for a company. We’ll be sure to let you know if the situation changes.

Naturally, DESRUMAUX AVOCATS will be happy to help you organize this important event for your company.

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Notice of unfitness: Crucial details for employers

Are you faced with an employee who has been absent for a long period of time and are worried that he or she may be declared unfit for work? Or perhaps one of your employees has already been declared unfit for work by the company doctor? The issue of unfitness for work is a delicate one, and the key often lies in the opinion drawn up by the occupational physician.

Here are some key points to remember:

  1. Terms of the Notice of Incapacity

Particular care needs to be taken when implementing the unfitness procedure, and in particular when drafting the opinion issued by the occupational physician.

Depending on the terms used by the doctor, you may or may not be exempted from your obligation to find a new job.

Legal provisions stipulate that an employee may be dismissed for unfitness in the following cases:

  • The employer is unable to offer the employee a job that meets the criteria set out in the French Labor Code ;
  • The employee refused to be reclassified in such a job;
  • The occupational physician’s opinion of unfitness expressly stated that “keeping the employee in a job would be seriously detrimental to his or her health, or that the employee’s state of health makes it impossible to reclassify him or her in a job”.

If the occupational physician indicates exactly these last points in the notice of unfitness, then the Cour de cassation considers that the employer is exempted from the obligation to look for an alternative position for the employee declared unfit. Instead, he can immediately initiate the procedure for dismissing the employee for unfitness.

In a ruling handed down last September, the French Supreme Court firmly reiterated that if the terms of this notice do not exactly reflect the terms of the legal provisions, the employer cannot validly consider himself exempt from this reclassification obligation.

In this situation, the doctor had indicated that ” any continuation of the employee’s employment with this company would be seriously detrimental to his health “.

As the doctor had not exactly reproduced the legal provisions, the employer was not relieved of his obligation to reclassify the employee, and should therefore have looked for a position to reclassify him.

The dismissal is therefore without real and serious cause and the employee must receive the compensation due for such a dismissal.

  1. Reclassification: An Imperative with Exceptions

⚠ Caution: The employer’s obligation to find a new job is a public policy obligation, which can only be derogated from by strictly applying the cases defined by law.

Employees declared unfit for work can only be dismissed as a last resort.

  1. A reminder about Abusive Refusal
  • Important: The Cour de cassation has issued another important ruling on incapacity, which should also be borne in mind.

An employee who has been declared unfit for work as a result of an industrial accident or occupational disease loses his or her specific benefits if he or she refuses, without valid reason, an outplacement position suited to his or her abilities. However, the employer’s mere attempt to reclassify the employee does not constitute abuse. The employee’s refusal must be clearly abusive for him to lose his rights.

To qualify as an abuse of this kind, the employee must refuse, without legitimate reason, a position that is suited to his or her abilities and comparable to the job he or she previously held, and that complies with the occupational physician’s recommendations.

Dismissal on grounds of unfitness is a delicate procedure, fraught with pitfalls.

DESRUMAUX AVOCATS is at your disposal to support and advise you in such proceedings.

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Practical information: collective redundancies for 2 to 9 employees

Your company is experiencing significant economic difficulties, to the extent that you need to consider laying off between 2 and 9 employees for economic reasons.

Here are the 10 most important steps to follow.

Step1: determining the order of redundancies according to legal or contractual criteria.

Please note: this is a mandatory step. If it is not complied with, you may be fined and ordered to pay damages to the dismissed employee.

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Stage 2: the duty to adapt and reclassify

Prior to any redundancies, the employer must implement all measures to avoid layoffs.

We therefore need to adapt employees to their jobs as much as possible, to enable them to be redeployed to other positions.

Initially, the employee should be offered positions in the same category. If no such position is available, the search should be extended to other jobs, including those that the employee could do after training to adapt to the job. This training must be of short duration.

This obligation applies to all companies, regardless of their size, and to all redundancies, regardless of the number of employees made redundant.

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Stage 3: mandatory consultation of the Social and Economic Committee (CSE)

In companies with at least 11 employees, the Social and Economic Committee (CSE) must be convened and consulted in the event of collective redundancies involving 2 to 9 employees.

The Social and Economic Committee must be provided with a certain amount of information concerning the proposed mass redundancies.

Legal provisions stipulate only one meeting of the CSE. In practice, two meetings are generally held within the company: the first to inform the employee representatives of the redundancy project, and the second to answer any questions and consult the CSE.

It must give its opinion within one month of the first meeting at which it is consulted, failing which it will be deemed to have been consulted.

Please note: in companies without a CSE, a procès-verbal de carence is required, otherwise the redundancy will be irregular.

The employees concerned would then be entitled, in addition to severance pay and compensation in lieu of notice, to specific compensation equal to at least one month’s gross salary.

In these companies, collective redundancies will follow the same procedure as for individual redundancies.

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Step 4: Transmission of the minutes of the meeting with the CSE to the regional directorate for the economy, employment, labor and solidarity in your area.

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Step 5: Invitation to a preliminary interview

The letter convening the employee to a preliminary interview must be sent to the employee by registered letter with acknowledgement of receipt, or by hand-delivered letter with acknowledgement of receipt. It must contain the obligatory information required for this type of letter.

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Step 6: The preliminary interview

The preliminary interview may not take place less than 5 working days after presentation of the letter convening the preliminary interview.

During this interview, the employee should be informed of the reasons for the decision, and given the documents relating to the contrat de sécurisation professionnel. The employee should also be reminded of the possibility of contacting services, in particular the public employment service, which can help him or her make a decision in full knowledge of his or her rights.

Reminder: the employee has 21 calendar days in which to accept or reject the contrat de sécurisation professionnel.

This cooling-off period begins the day after the employer hands over the CSP information document.

This period must be respected in its entirety, even if the employee accepts or refuses the proposal during this period.

The dismissal cannot take effect before the end of this cooling-off period.

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Step 7: Notification of redundancy for economic reasons

The letter of notification of redundancy for economic reasons may be sent to the employee before the end of the cooling-off period.

It should then remind the employee of the date on which the cooling-off period expires, and explain that if he refuses, this letter will serve notice of his dismissal.

Please note: in the case of small-scale collective redundancies, the redundancy letter can only be sent to the employee after 7 working days.

This letter must include, among other compulsory details, a statement that the employee has priority of re-employment for a period of one year from the date of termination of the employment contract, and the conditions for implementing this priority.

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Step 8: Notification of dismissal to the authorities

The DREETS must be notified of the redundancy within 8 days of the redundancy letter being sent to the employee. This notification is made via an appropriate website.

Important: if one of the proposed dismissals concerns a protected employee, you will also need to obtain authorization from the labor inspectorate for this dismissal.

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Step 9: Notice of termination

The employee may be exempted from the notice period, which may also be waived if he or she has accepted a contrat de sécurisation professionnelle.

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10th and final stage: termination of the employment contract

The employee receives compensation for the termination of his or her employment contract.

You’ll also need to hand over your end-of-contract documents.

This type of dismissal is a delicate procedure to implement within a company, and is subject to a number of imperative formalities.

CABINET DESRUMAUX AVOCATS is at your disposal to help you implement these procedures.