Economic redundancy which is null, unjustified or irregular
Verified 29 November 2021 - Directorate for Legal and Administrative Information (Prime Minister)
Where a judge questions a dismissal on economic grounds or the lawfulness of the dismissal procedure, the consequences of his decision vary depending on whether the dismissal was declared null and void, unjustified or irregular.
Conditions
The economic dismissal shall be nil in the following cases:
- Either the job protection plan (PSE) validated or approved by the Dreets: titleContent shall be set aside by the judge
- Either the dismissal was notified in the absence of validation or approval of the PSE
- Either the employee has been dismissed in violation of a fundamental freedom
- Either the employee has been the victim of harassment moral or sexual
- Either the dismissal took place pursuant to a measure discriminatory or following legal proceedings brought by the employee on the basis of anti-discrimination provisions.
- The dismissal occurred following legal proceedings initiated by the employee on the basis of the provisions relating to professional equality between men and women
- Either the employee has been dismissed following the denunciation of a crime or misdemeanor
- Either the dismissal occurred in breach of the provisions relating to protected employees
- The dismissal took place in the event of a breach of the provisions relating to the protection of pregnant employees,
- Protection of employees during leave related to the birth or adoption of a child and protection of employees who are victims of a industrial accident or an occupational disease
Is the employee reintegrated into the company?
The employee may apply for reinstatement.
The employer may not object except in one of the following cases:
- Either reintegration has become impossible (in particular because of the closure of the establishment or the site or the absence of available employment)
- Following the annulment of the PSE by the court, on the ground that the reasons for the dismissal were inadequate, the Dreets: titleContent shall take a new decision within 15 days of such cancelation. The sole ground for failure to state reasons is therefore irrelevant to the validity of the dismissal and does not give rise to the reinstatement of the employee in the company.
Warning
the employee may be required to repay the sums he received when he was dismissed.
Is the employee compensated?
If the employee is not reinstated in the company, he or she shall receive compensation. Its amount is determined by the judge. It varies according to the reason for canceling the dismissal, for inadequacy of the measures taken in the PES or for procedural irregularities.
In case of insufficient PSE
Company with less than 11 employees
Seniority in the company (full years) | Minimum allowance (in months of gross salary) | Maximum compensation (in months of gross salary) |
|---|---|---|
0 | - | 1 |
1 | 0.5 | 2 |
2 | 0.5 | 3.5 |
3 | 1 | 4 |
4 | 1 | 5 |
5 | 1.5 | 6 |
6 | 1.5 | 7 |
7 | 2 | 8 |
8 | 2 | 8 |
9 | 2.5 | 9 |
10 | 2.5 | 10 |
11 | 3 | 10.5 |
12 | 3 | 11 |
13 | 3 | 11.5 |
14 | 3 | 12 |
15 | 3 | 13 |
16 | 3 | 13.5 |
17 | 3 | 14 |
18 | 3 | 14.5 |
19 | 3 | 15 |
20 | 3 | 15.5 |
21 | 3 | 16 |
22 | 3 | 16.5 |
23 | 3 | 17 |
24 | 3 | 17.5 |
25 | 3 | 18 |
26 | 3 | 18.5 |
27 | 3 | 19 |
28 | 3 | 19.5 |
29 | 3 | 20 |
30 and beyond | 3 | 20 |
Company with 11 or more employees
Seniority in the company (full years) | Minimum allowance (in months of gross salary) | Maximum compensation (in months of gross salary) |
|---|---|---|
0 | - | 1 |
1 | 1 | 2 |
2 | 3 | 3.5 |
3 | 3 | 4 |
4 | 3 | 5 |
5 | 3 | 6 |
6 | 3 | 7 |
7 | 3 | 8 |
8 | 3 | 8 |
9 | 3 | 9 |
10 | 3 | 10 |
11 | 3 | 10.5 |
12 | 3 | 11 |
13 | 3 | 11.5 |
14 | 3 | 12 |
15 | 3 | 13 |
16 | 3 | 13.5 |
17 | 3 | 14 |
18 | 3 | 14.5 |
19 | 3 | 15 |
20 | 3 | 15.5 |
21 | 3 | 16 |
22 | 3 | 16.5 |
23 | 3 | 17 |
24 | 3 | 17.5 |
25 | 3 | 18 |
26 | 3 | 18.5 |
27 | 3 | 19 |
28 | 3 | 19.5 |
29 | 3 | 20 |
30 and beyond | 3 | 20 |
In case of procedural irregularity
The amount received corresponds to the minimum of the last 6 months of salary.
Conditions
Dismissal on economic grounds is unjustified (or without a real and serious cause) where the economic reason for the dismissal is invalidated by the judge.
Is the employee reintegrated into the company?
Reinstatement in the company is possible, on the judge's suggestion, only under the following cumulative conditions:
- The employee has at least 2 years of service.
- The company employs at least 11 employees.
- Neither the employer nor the employee opposes reintegration.
The reinstated employee retains the benefits acquired before his dismissal.
Is the employee compensated?
If the employee is not reinstated, he is entitled to the following allowances:
- Termination benefits (severance pay, compensatory allowances for notice and paid leave), if he meets the conditions for entitlement.
- Compensation payable by the employer whose amount, determined by the judge, is between the minimum and maximum amounts fixed under the following conditions:
Répondez aux questions successives et les réponses s’afficheront automatiquement
Company with less than 11 employees
Seniority in the company (full years) | Minimum allowance (in months of gross salary) | Maximum compensation (in months of gross salary) |
|---|---|---|
0 | - | 1 |
1 | 0.5 | 2 |
2 | 0.5 | 3.5 |
3 | 1 | 4 |
4 | 1 | 5 |
5 | 1.5 | 6 |
6 | 1.5 | 7 |
7 | 2 | 8 |
8 | 2 | 8 |
9 | 2.5 | 9 |
10 | 2.5 | 10 |
11 | 3 | 10.5 |
12 | 3 | 11 |
13 | 3 | 11.5 |
14 | 3 | 12 |
15 | 3 | 13 |
16 | 3 | 13.5 |
17 | 3 | 14 |
18 | 3 | 14.5 |
19 | 3 | 15 |
20 | 3 | 15.5 |
21 | 3 | 16 |
22 | 3 | 16.5 |
23 | 3 | 17 |
24 | 3 | 17.5 |
25 | 3 | 18 |
26 | 3 | 18.5 |
27 | 3 | 19 |
28 | 3 | 19.5 |
29 | 3 | 20 |
30 and beyond | 3 | 20 |
Company with 11 or more employees
Seniority in the company (full years) | Minimum allowance (in months of gross salary) | Maximum compensation (in months of gross salary) |
|---|---|---|
0 | - | 1 |
1 | 1 | 2 |
2 | 3 | 3.5 |
3 | 3 | 4 |
4 | 3 | 5 |
5 | 3 | 6 |
6 | 3 | 7 |
7 | 3 | 8 |
8 | 3 | 8 |
9 | 3 | 9 |
10 | 3 | 10 |
11 | 3 | 10.5 |
12 | 3 | 11 |
13 | 3 | 11.5 |
14 | 3 | 12 |
15 | 3 | 13 |
16 | 3 | 13.5 |
17 | 3 | 14 |
18 | 3 | 14.5 |
19 | 3 | 15 |
20 | 3 | 15.5 |
21 | 3 | 16 |
22 | 3 | 16.5 |
23 | 3 | 17 |
24 | 3 | 17.5 |
25 | 3 | 18 |
26 | 3 | 18.5 |
27 | 3 | 19 |
28 | 3 | 19.5 |
29 | 3 | 20 |
30 and beyond | 3 | 20 |
Conditions
Dismissal on economic grounds is irregular where the procedure has not been followed. However, that failure is not sufficient to annul or deprive the dismissal of a genuine and serious cause.
Is the employee reintegrated into the company?
The law does not provide for the possibility of reinstating the employee in the event of a mere irregularity in the procedure for dismissal from employment.
Is the employee compensated?
The employee is entitled to an allowance payable by the employer. This allowance may not be less than one month's gross salary, without prejudice to severance pay and notice.
Who can help me?
Find who can answer your questions in your region
For any request for further information
Telephone administrative information - Allo Public Service
The informants who answer you belong to the ministry responsible for labor.
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Attention: the service does not respond questions relating to unemployment compensation and representations to Pôle emploi, civil servants or public service contractors, the amount or payment of social, wage or employer contributions.
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Reinstatement or compensation of the employee (unfair or irregular dismissal)
Penalty for irregularities