Implementation of the Law on the Securing of
A major new law ('Loi sur la sécurisation de
l'emploi') was passed in June, setting out new
procedures for collective dismissals. For more detail on the
content of the Law see Be Global August 2013. On 1 August 2013 the
Government published the timeline for publication of the decrees
implementing the Law. A number of decrees have already been
adopted; confirming that the competent labour authority for the
validation of a social plan is the regional director of the French
labor administration ("DIRECCTE") and that if an expert
opinion is requested by the Works Council, if the expert does not
report in a timely manner, this will not postpone the deadlines for
the information/consultation of the employees' representative
A number of legal issues still remain to be addressed. The
following main decrees will be published by the end of October
Decree relating to the specific timeframe within which the
works council must give its opinion
Decree relating to the content of the economic and social data
base accessible to the staff representatives;
Decree relating to the timeframe within which the technical
expert or the accountant appointed by the works council must
present his report.
The decrees relating to the time allotted to the staff
representatives at the company's board to exercise their
mandate will be published by the end of December 2013.
This publication is intended as a general overview and
discussion of the subjects dealt with. It is not intended to be,
and should not used as, a substitute for taking legal advice in any
specific situation. DLA Piper Australia will accept no
responsibility for any actions taken or not taken on the basis of
DLA Piper Australia is part of DLA Piper, a global law firm,
operating through various separate and distinct legal entities. For
further information, please refer to www.dlapiper.com
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