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Collective redundancy: compulsory information and consultation
Verified 24 May 2023 - Legal and Administrative Information Directorate (Prime Minister)
Production unit (manufacturing, storage, logistic center, administrative center...) geographically individualized, but legally attached to the company
Formality by which a procedural document or a decision is brought to the attention of a person
Outcome of the negotiations between the social partners (employers and employees)
Collective agreement concluded at the level of a professional branch.
An employer who intends to make a collective redundancy must first convene and consult the Social and Economic Committee (ESC). It must also inform the Dreets: titleContent under conditions which vary according to the number of redundancies envisaged.
How is the EESC convened? How is it consulted? What information is provided to the Dreets: titleContent and how are they transmitted?
We provide an update on the regulations and present the steps in the process.
What applies to you ?
The procedures for consulting the CSE and informing the Dreets differ according to the number of employees laid off over a period of 30 days and the number of employees in the company.
There are 2 categories of dismissal:
- Small dismissal : from 2 to 9 redundant employees over a period of 30 days, regardless of the size of the company
- Large lay-off : at least 10 redundant employees over a 30-day period
The procedure for large-scale dismissal has differences depending on whether the company's workforce is less than 50 employees or 50 or more employees.
Small dismissal
Step-by-step approach
The employer must convene and consult the CSE when it has been set up in the company.
If the company does not have an ESC, the employer is exempt from consultation in the following cases:
- Company staff below 11 employees
- Company headcount of at least 11 employees, but deficiency report certifying that the professional elections were organized but that the ESC could not be set up or renewed.
Warning
if no report of failure has been drawn up, the absence of consultation of the ESC can drive the irregularity of the procedure for the economic dismissal.
How many meetings does the employer have to organize?
The employer organizes 1 meeting only information and consultation with the EESC.
Please note
However, it is possible to schedule 2 meetings: one 1re to discuss the proposed dismissal and a second allowing the opinion of the ESC to be obtained.
How is the EESC convened?
The employer shall convene the CSE in writing at least 3 days before the meeting.
The notice shall be accompanied by the relevant information concerning the proposed dismissal.
What information is provided to the EESC?
The information transmitted at the ESC with the invitation to attend the meeting shall comprise next items :
- Reasons economic, financial or technical aspects of the redundancy project
- Number of redundancies envisaged
- Occupational categories concerned and criteria proposed for order of dismissals
- Number of employees, permanent or not, employed in the establishment
- Estimated timetable redundancies
- Economic measures envisaged
- Possible consequences of dismissals provided for in health, safety or working conditions
Please note
In the companies of 1,000 or more employees, the employer shall also inform the ESC of the conditions for implementing the reclassification leave.
What is the purpose of the ESC consultation?
The consultation prior to the redundancies enables the employer to provide the ESC with the relevant information concerning the proposed collective redundancy.
How is the CSE consultation going?
The employer shall submit to the ESC the draft terms of the economic redundancy.
He shall answer any questions he may have and give explanations if necessary.
The ESC must give the employer its opinion on the proposed dismissal within the maximum period of1 month after consultation.
The company employing at least 50 employees must also inform the subcontracting companies of the planned dismissal when the downsizing could have the effect of reducing their volume of activity or employment.
The employer must inform the Dreets: titleContent.
What information is provided to Dreets?
The employer sends the Dreets the minutes consultation of the CSE on the draft collective economic redundancy.
The employer must inform Dreets of the dismissals pronounced, within 8 days of the dismissal letters to the employees concerned.
It shall then communicate the following information:
- Name and address of the company
- Nature of the activity and the size of the company or establishment
- Name(s), first name(s), nationality, date of birth, sex, address, employment and qualification of the dismissed employee(s)
- Date of notification redundancies to the employees concerned
How does the employer transmit the information to Dreets?
The employer shall send the minutes to Dreets consultation of the ESC by any means (e.g. by LR/AR mail or email).
The employer shall inform Dreets of the dismissals of dematerialized way on the following website:
Collective breaks in employment contracts portal (RUPCO)
Please note
In case of malfunction of the computerized reporting system, the transmission of information and requests shall take place by any other means (e.g. registered mail).
Large lay-off in a company with less than 50 employees
Step-by-step approach
The employer must convene and consult the CSE when it has been set up in the company.
If the company does not have an ESC, the employer is exempt from consultation if the following 2 conditions are met:
- Company staff of at least 11 employees
- Existence of a deficiency report established by the employer and certifying that the professional elections were indeed organized, but that the CSE could not be set up or renewed.
Warning
if no report of failure has been drawn up, the absence of consultation of the ESC can drive the irregularity of the procedure for the economic dismissal.
How many meetings does the employer have to organize?
The employer organizes 2 meetings information and consultation with the ESC spaced from 14 days maximum.
How is the EESC convened?
The employer shall convene the CSE meetings in writing.
No minimum delay shall not be imposed between the date of the notice of meeting and the date of the meetings.
However, the employer must ensure that sufficient time to the ESC to prepare the meeting (e.g. 3 days).
The notice shall be accompanied by the relevant information concerning the proposed dismissal.
What information is provided to the EESC?
The information transmitted at the ESC with the invitation to attend the meeting shall comprise next items :
- Reasons economic, financial or technical aspects of the redundancy project
- Number of redundancies envisaged
- Occupational categories concerned and criteria proposed for order of dismissals
- Number of employees, permanent or not, employed in the establishment
- Estimated timetable redundancies
- Economic measures envisaged
- Possible consequences of dismissals provided for in health, safety or working conditions
- Measures envisaged for to limit dismissals and for facilitate reclassification of the employees concerned
Please note
In the companies of 1,000 or more employees, the employer shall also inform the ESC of the conditions for implementing the reclassification leave.
What is the purpose of the ESC consultation?
The consultation prior to the redundancies enables the employer to provide the ESC with the relevant information concerning the proposed collective redundancy.
How is the EESC consultation going?
The employer shall submit to the ESC the draft terms of the economic redundancy.
He answered any questions from the EESC and provided explanations if necessary.
The ESC must give the employer its opinion on the proposed dismissal.
The employer must inform the Dreets: titleContent. The procedure and the information provided vary depending on whether the company has an ESC or not:
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The company has a CSE
What information is provided to Dreets?
The employer shall communicate to Dreets without delay the information sent to the ESC at the time of the summons to 1re meeting.
The information transmitted at the ESC with the invitation to attend the meeting shall comprise next items :
- Reasons economic, financial or technical aspects of the redundancy project
- Number of redundancies envisaged
- Occupational categories concerned and criteria proposed for order of dismissals
- Number of employees, permanent or not, employed in the establishment
- Estimated timetable redundancies
- Economic measures envisaged
- Possible consequences of dismissals provided for in health, safety or working conditions
The employer shall also send the minutes of the meetings with the ESC to Dreets.
These minutes shall include the opinions, suggestions and proposals of the ESC.
It transmits the notification the proposed dismissal, at the earliest the day after the firstre meeting with the EESC.
This document contains the following information:
- Name and address of employer
- Nature of the activity and the size of the company or establishment
- Number of planned redundancies
- Any changes to information already transmitted to the staff representatives
- Possible recourse to the assistance of an accountant
The Dreets has a 21-day period to verify the proposed dismissal.
The employer must send to Dreets after 2e meeting with the EESC, any changes to the provisional timetable for redundancies, the accompanying social measures and the timetable for their implementation.
How does the employer transmit the information to Dreets?
The employer shall inform the Dreets: titleContent of dematerialized way on the following website:
Collective breaks in employment contracts portal (RUPCO)
Please note
In case of malfunction of the computerized reporting system, the transmission of information and requests shall take place by any other means (e.g. registered mail).
Other case
What information is provided to Dreets?
The employer must communicate to Dreets the notification of proposed dismissal containing all the information which would have been sent to the ESC if it had been set up:
The information transmitted at the ESC with the invitation to attend the meeting shall comprise next items :
- Reasons economic, financial or technical aspects of the redundancy project
- Number of redundancies envisaged
- Occupational categories concerned and criteria proposed for order of dismissals
- Number of employees, permanent or not, employed in the establishment
- Estimated timetable redundancies
- Economic measures envisaged
- Possible consequences of dismissals provided for in health, safety or working conditions
The employer shall also forward the deficiency report established when the ESC could not be established or renewed.
Warning
if no report of failure has been drawn up, the absence of consultation of the ESC can drive the irregularity of the procedure for the economic dismissal.
How does the employer transmit the information to Dreets?
The employer shall inform the Dreets of dematerialized way on the following website:
Large layoff in a company of 50 or more employees
Step-by-step approach
The employer must convene and consult the CSE when it has been set up in the company.
If the company does not have an SSC, the employer is exempt from consultation if it has established a deficiency report certifying that the professional elections were organized but that the ESC could not be set up or renewed.
Warning
if no report of failure has been drawn up, the absence of consultation of the ESC can drive the irregularity of the procedure for the economic dismissal.
How many meetings does the employer have to organize?
The employer organizes at least 2 meetings information and consultation with the ESC spaced at minimum of 15 days.
How is the EESC convened?
The employer shall convene the CSE in writing.
A deadline minimum of 3 days must be complied with between the date of submission of the notice and the date of each meeting.
The notice shall be accompanied by the relevant information concerning the proposed dismissal.
What information is provided to the EESC?
The information transmitted at the ESC with the invitation to attend the meeting shall comprise next items :
- Reasons economic, financial or technical aspects of the redundancy project
- Number of redundancies envisaged
- Occupational categories concerned and criteria proposed for order of dismissals
- Number of employees, permanent or not, employed in the establishment
- Estimated timetable redundancies
- Economic measures envisaged
- Possible consequences of dismissals provided for in health, safety or working conditions
The employer shall also send the ESC the job protection plan.
The Employment Protection Plan (ESP) is a scheme which provides for various measures to avoid or limit redundancies.
The content of the employment protection plan (ESP) may be drawn up by a collective agreement or by a unilateral document prepared by the employer.
Please note
In the companies of 1,000 or more employees, the employer shall also inform the ESC of the conditions for implementing the reclassification leave.
What is the purpose of the ESC consultation?
The ESC consultation shall cover the following 2 aspects:
- Restructuring project and downsizing (economic aspect on the nature of the difficulties, restructuring measures envisaged, etc.)
- Collective redundancy project itself (social aspect) itself and covering the following subjects:
- Number of dismissals envisaged
- Occupational categories concerned
- Performance Criteriaredundancy order
- Estimated timetable for redundancies
- Accompanying social measures provided for in job protection plan
- Possible health, safety or working conditions consequences of planned redundancies
The ESC is therefore called upon to issue two separate opinions.
How is the EESC consultation going?
The employer consider the ESC's suggestions on the social measures envisaged by the employment protection plan.
He examine the EESC's alternative proposals the restructuring plan.
The employer gives a reasoned answer suggestions and questions from the EESC.
How does the EESC give its opinion?
The ESC sends minutes to the employer meeting.
These documents shall contain the ESC's opinions, suggestions and proposals.
The ESC shall deliver its opinions from the date of its first meeting within the following maximum deadlines:
- 2 months where the number of redundancies is less than 100
- 3 months where the number of redundancies is between 100 and 249
- 4 months where the number of redundancies is greater than 249
Please note
A company agreement, a group of companies or branch may lay down the conditions for consultation of the ESC.
The company must also inform the subcontracting companies of the planned redundancy when the reduction in staff could have the effect of reducing their volume of activity or employment.
The employer must inform Dreets. The procedure and the information provided vary depending on whether the company has an ESC or not:
Répondez aux questions successives et les réponses s’afficheront automatiquement
The company has a CSE
What information is provided to Dreets?
The employer shall immediately communicate to Dreets the information sent to the ESC when the first meeting is convened meeting.
The information transmitted at the ESC with the invitation to attend the meeting shall comprise next items :
- Reasons economic, financial or technical aspects of the redundancy project
- Number of redundancies envisaged
- Occupational categories concerned and criteria proposed for order of dismissals
- Number of employees, permanent or not, employed in the establishment
- Estimated timetable redundancies
- Economic measures envisaged
- Possible consequences of dismissals provided for in health, safety or working conditions
It transmits the notification the proposed dismissal, at the earliest the day after the firstre meeting with the EESC.
This document contains the following information:
- Name and address of employer
- Nature of the activity and the size of the company or establishment
- Number of planned redundancies
- Any changes to information already transmitted to the staff representatives
- Possible recourse to the assistance of an accountant
How does the employer transmit the information to Dreets?
The employer shall inform the Dreets: titleContent of dematerialized way on the following website:
Collective breaks in employment contracts portal (RUPCO)
Please note
In case of malfunction of the computerized reporting system, the transmission of information and requests shall take place by any other means (e.g. registered mail).
Does Dreets have an opinion on the proposed dismissal?
Yes, Dreets gives its assessment of the employer's proposed dismissal.
The Employment Protection Plan (ESP) is a scheme which provides for various measures to avoid or limit redundancies.
The content of the employment protection plan (ESP) may be drawn up by a collective agreement or by a unilateral document prepared by the employer.
After the last consultation of the ESC, the employer sends the Dreets the request for validation of this collective agreement or approval of the unilateral document.
Dreets shall examine and give its opinion on the documents submitted by the employer within the following time limits:
- 15 days for the validation of a collective agreement
- 21 days for the approval of a unilateral document
Failure by Dreets to reply within these time limits will result in the validation of the collective agreement or the approval of the unilateral document.
Please note
In the event of a refusal to validate or certify the documents submitted, the employer must make the necessary amendments.
He must then consult the ESC: titleContent.
Other case
What information is provided to Dreets?
The employer must communicate to the Dreets: titleContent the following information:
- Notification of planned dismissal containing all the information which would have been sent to the ESC if it had been set up
- Waiver report established by the employer when the ESC could not be established or renewed
Warning
if no report of failure has been drawn up, the absence of consultation of the ESC can drive the irregularity of the procedure for the economic dismissal.
How does the employer transmit the information to Dreets?
The employer shall inform the Dreets of dematerialized way on the following specific website:
Collective breaks in employment contracts portal (RUPCO)
Please note
In case of malfunction of the computerized reporting system, the transmission of information and requests shall take place by any other means (e.g. registered mail).
Who can help me?
Find who can answer your questions in your region
Consultation of employee representatives (dismissal of less than 10 employees over 30 days)
Consultation of staff representatives (dismissal of at least 10 employees over 30 days)
Dreets information (dismissal of at least 10 employees over 30 days)
Penalties for failure to comply with the obligations to consult the EESC and inform the administration.
Dreets information (dismissal of less than 10 employees over 30 days)
FAQ
Ministry of Labor