Can an economic dismissal be contested after accepting a CSP?
Verified 07 June 2023 - Legal and Administrative Information Directorate (Prime Minister)
Yes, the employee who has accepted a professional security contract (CSP) in the context of dismissal on economic grounds may, however, contest breach of his employment contract or the economic motive of that break-up.
What are the deadlines for challenging? How is the challenge procedure going? What are the consequences of this challenge?
We're doing an update on the regulations.
Yes, the employee has a maximum period of 12 months to challenge the circumstances surrounding the breach of his employment contract.
The starting point for this deadline is date on which the employee accepted the CSP.
The employee may contest the following:
- Economic motive of dismissal on which the CPMP proposal is based
- Order of dismissals defined by the employer
- Prior procedure the acceptance of the FMC (consultation of the ESC, summons to thepre-maintenance for example)
- Lack of information of the employer on the re-hire priority from which the employee may benefit
The employee must submit his request to the labor council (CPH) competent.
The employee must apply to the labor council:
- the place where the establishment in which the employee carries out his work is located, the place where the contract of employment was concluded or the registered office of the company which employs him, or
- or, if the employee works at home or outside any establishment, from the place of his domicile.
Filing of the application
The request is addressed to the Registry of the Labor Council by post (registered or not).
It's addressed by request only, i.e. a claim made to the judge for the purpose of settling a dispute with the employer.
Who shall I contact
The application shall contain the following elements:
- Contact details of the applicant (surname, first name, address...)
- Contact details for defendant (against whom the request is made)
- Subject matter of the request
- A summary of the reasons for the application, which includes all of the applicant's claims (amounts claimed)
The employee may submit his application to the Labor Council on free paper or else fill out the request form to bring the matter before the court.
The procedure to bring the matter before the conseil de prud'hommes est free.
The employee's application to the labor court may have consequences that vary depending on the subject of the employee's challenge.
Contestation of the ground for dismissal
The judge of the labor court may consider that the dismissal is unjustified if the economic reason is nonexistent or insufficient.
Dispute of the order of dismissals
If the employer does not meet the sequential criteria for dismissals, the employee may request damages according to the damage suffered.
Challenge to the dismissal procedure prior to acceptance of the FMC
If the employer does not follow the steps of the dismissal procedure prior to the acceptance of the FMC (consultation of the ESC: titleContent(e.g. pre-interview), the employee may request damages according to the damage suffered.
Dispute on the absence of information from the employer to the employee on the possibility of being able to benefit from the re-employment priority
An employee who accepts the CSP may benefit from the re-hire priority .
The employer who does not inform the employee and does not meet re-hire priority is subject to sanctions which vary according to the nature of the offense.
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