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No, unjustified or irregular economic redundancy

Verified 02 October 2019 - Directorate for Legal and Administrative Information (Prime Minister)

When a judge questions a dismissal on economic grounds or the regularity of the dismissal procedure, the consequences of his decision vary depending on whether the dismissal was declared null, unjustified or irregular.

Terms

The economic redundancy shall be zero in the following cases:

  • The job backup plan (PSE) validated or approved by the Direct: titleContent is annulled by the judge.
  • The dismissal was notified in the absence of validation or approval by the PSE.
  • The employee was dismissed in violation of a fundamental freedom..
  • The employee was subjected to harassment moral or sexual..
  • The dismissal took place pursuant to a measure discriminatory or following legal action brought by the employee on the basis of the anti-discrimination provisions.
  • The dismissal followed legal proceedings initiated by the employee on the basis of the provisions on professional equality between men and women.
  • The employee was dismissed as a result of a report of a crime or offense.
  • The dismissal was in breach of the provisions on protected employees..
  • Dismissal occurred in the event of a breach of the provisions on the protection of pregnant employees, the protection of employees during leave related to the birth or adoption of a child and the protection of employees who are victims of work accident or an occupational disease.

Is the employee reinstated in the company?

The employee may request his reinstatement.

The employer may not object except in one of the following cases:

  • Reintegration has become impossible (in particular because of the closure of the establishment or site or the lack of available employment),
  • Following the annulment of the PSE by the judge, due to insufficient reasons for the dismissal, the Direct: titleContent take a new decision within 15 days of such cancelation. The only reason for insufficient motivation is therefore without prejudice to the validity of the dismissal and does not lead to the employee's reinstatement in the undertaking.

Warning  

the employee may be required to repay the sums he has received upon dismissal.

Is the employee compensated?

If the employee is not reinstated in the undertaking, he shall receive compensation. The amount is determined by the judge. It varies according to the ground for cancelation of the dismissal, for inadequacy of the measures taken in the PSE or for procedural irregularity.

If the PSE is insufficient

Companies with fewer than 11 employees

Conditions for determining the amount of the allowance to be paid by the employer: company with fewer than 11 employees

Age in the company

(full years)

Minimum compensation

(in months of gross salary)

Maximum compensation

(in months of gross salary)

0

-

1

1

0.5

2

2

0.5

3.5

1

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

1

10.5

12

1

11

13

1

11.5

14

1

12

15

1

13

16

1

13.5

17

1

14

18

1

14.5

19

1

15

20

1

15.5

21

1

16

22

1

16.5

23

1

17

24

1

17.5

25

1

18

26

1

18.5

27

1

19

28

1

19.5

29

1

20

30 and above

1

20

Companies with 11 or more employees

Conditions for determining the amount of the allowance to be paid by the employer: company with 11 or more employees

Age in the company

(full years)

Minimum compensation

(in months of gross salary)

Maximum compensation

(in months of gross salary)

0

-

1

1

1

2

2

1

3.5

1

1

4

4

1

5

5

1

6

6

1

7

7

1

8

8

1

8

9

1

9

10

1

10

11

1

10.5

12

1

11

13

1

11.5

14

1

12

15

1

13

16

1

13.5

17

1

14

18

1

14.5

19

1

15

20

1

15.5

21

1

16

22

1

16.5

23

1

17

24

1

17.5

25

1

18

26

1

18.5

27

1

19

28

1

19.5

29

1

20

30 and above

1

20

In the event of procedural irregularity

The amount collected corresponds to the minimum during the last 6 months of salary.

Calculate compensation for unfair dismissal

Terms

The dismissal for economic reasons is unjustified (or without real and serious cause) when the economic reason for the dismissal is invalidated by the judge.

Is the employee reinstated in the company?

Reinstatement into the enterprise is possible, on the proposal of the judge, 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 is opposed to reinstatement.

The reinstated employee retains the benefits acquired before his dismissal.

Is the employee compensated?

If the employee is not reinstated, he shall be entitled to the following allowances:

  • Termination allowances (termination indemnity, compensatory allowances for notice and paid leave), if he meets the conditions for entitlement.
  • Compensation to be paid by the employer whose amount, as determined by the judge, is between the minimum and maximum amounts fixed under the following conditions:
Companies with fewer than 11 employees
Conditions for determining the amount of the allowance to be paid by the employer: company with fewer than 11 employees

Age in the company

(full years)

Minimum compensation

(in months of gross salary)

Maximum compensation

(in months of gross salary)

0

-

1

1

0.5

2

2

0.5

3.5

1

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

1

10.5

12

1

11

13

1

11.5

14

1

12

15

1

13

16

1

13.5

17

1

14

18

1

14.5

19

1

15

20

1

15.5

21

1

16

22

1

16.5

23

1

17

24

1

17.5

25

1

18

26

1

18.5

27

1

19

28

1

19.5

29

1

20

30 and above

1

20

Companies with 11 or more employees
Conditions for determining the amount of the allowance to be paid by the employer: company with 11 or more employees

Age in the company

(full years)

Minimum compensation

(in months of gross salary)

Maximum compensation

(in months of gross salary)

0

-

1

1

1

2

2

1

3.5

1

1

4

4

1

5

5

1

6

6

1

7

7

1

8

8

1

8

9

1

9

10

1

10

11

1

10.5

12

1

11

13

1

11.5

14

1

12

15

1

13

16

1

13.5

17

1

14

18

1

14.5

19

1

15

20

1

15.5

21

1

16

22

1

16.5

23

1

17

24

1

17.5

25

1

18

26

1

18.5

27

1

19

28

1

19.5

29

1

20

30 and above

1

20

Calculate compensation for unfair dismissal

Terms

Dismissal on economic grounds is irregular when the procedure has not been followed. However, this failure is not sufficient to cancel or deprive the dismissal of a real and serious cause.

Is the employee reinstated in the company?

The law does not provide for the possibility of reinstating the employee in the event of a simple irregularity in the procedure of economic dismissal.

Is the employee compensated?

The employee is entitled to an allowance at the expense of the employer. This allowance may not be less than one month's gross salary, without prejudice to redundancy and notice payments.