Paragraph 1: Revitalisation by companies subject to the obligation to offer redeployment leave

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Article D1233-38

French Labour CodeIn force
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Updated 5 Nov 2023

I. - When a company mentioned in article L. 1233-71 proceeds with a mass redundancy or a collective agreement termination mentioned in article L. 1237-19, the prefect(s) in the department(s) of the employment area(s) concerned shall inform it, within two months of notification of the administrative validation or approval decision mentioned in article L. 1233-57-4, or of the administrative decision to validate the collective agreement referred to in article L. 1237-19-3, after having heard its observations, whether it is subject to the obligation to revitalise employment areas instituted in articles L. 1233-84 and L. 1237-19-9.

To this end, they assess whether the scale of the redundancy or the collective redundancy agreement affects the balance of the employment area(s) concerned, taking into account in particular the number and characteristics of the jobs likely to be lost, the unemployment rate, other restructuring and job losses over the last two years, the socio-economic characteristics of the employment area(s) and the effects of the redundancy or the collective redundancy agreement on other companies in the employment area(s).

II. - The Prefect(s) mentioned in I may also ask the company to carry out a social and territorial impact study as soon as the project provided for in article L. 1233-46 has been notified, which must be sent to them at the latest before the end of the period mentioned in article L. 1233-30.

In the context of the Collective Bargaining Agreement, the Prefect(s) in the department(s) of the employment area(s) concerned may ask the company to carry out the social and territorial impact study as soon as it is notified of the opening of negotiations as provided for in article L. 1237-19, which must be sent to it or to them no later than the day on which the agreement is sent for validation as provided for in article L. 1237-19-3.

III. - In the cases provided for in articles L. 1233-90-1 and L. 1237-19-14, when the job losses concern at least three departments, the decision relating to the obligation to revitalise the employment areas mentioned in the first paragraph of I is optional.

Mariela Petrova

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Mariela Petrova

Mariela Petrova

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15+ Years In Corporate Practice

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