The job protection plan is intended as a means for businesses to avoid having to resort to redundancy plans. It is advisable to engage in discussions on the implementation of a job protection plan at an early stage, before the situation reaches a crisis point.
The job protection plan is a means for businesses to:
The secretariat of the Economic Committee (Comité de conjoncture) is available to businesses to present and discuss the application of the measures provided for by a job protection plan.
The job protection plan is intended for businesses that are currently experiencing financial hardship, or expect to do so in the near future.
Discussions regarding a job protection plan may be initiated by:
Where applicable, the Economic Committee can request an in-depth audit of the business's economic, financial and social position in order to decide, in full knowledge of the facts, whether it is appropriate to implement a job protection plan. With the agreement of the business, the audit may be carried out by external experts. The Employment Fund (Fonds pour l'emploi) may cover the experts' fees.
The members of the Economic Committee undertake to comply with their obligation of professional discretion with regard to any information received in this way.
Discussions concerning the job protection plan take place between the social partners, i.e.:
In the absence of a collective agreement, the staff delegation may invite one or more trade unions with representation at the national level to take part in the discussions on the introduction of a job protection plan.
Note that there is no time limit to reach agreement.
Should the negotiations fail, a report outlining the content and conclusions of the discussions, signed by all parties, must be sent to Economic Committee, if discussions were undertaken at the initiative of the latter.
If agreement is reached, the plan must be assessed by the Economic Committee and approved by the Minister of Labour and Employment in order for the business to be eligible for certain benefits directly connected to the implementation of a job protection plan.
Note that in order to take effect, job protection plans must be:
Discussions will relate primarily to the following instruments:
Most of these instruments can also be used without a job protection plan, but businesses that resort to job protection plans approved by the Minister of Labour, Employment and the Social and Solidarity Economy may benefit from more favourable conditions when implementing some of these instruments.
The job protection plan may involve one or more of these instruments, and can even include other measures not specifically listed above. It provides a framework upon which to build a structured approach to dealing with the effects of reorganisation on employment.
It must define a period of application and the principles and procedures governing its implementation and monitoring.
The discussion may also cover employees made redundant during the 3- or 6-month reference period that led to the recommendation to implement a job protection plan.
The social partners establish the job protection plan in the form of an agreement signed by the appropriate signatories.
The plan must then be submitted to the secretariat of the Economic Committee.
It will then be assessed by the Economic Committee before being forwarded to the minister responsible for employment for approval which, once granted, would entitle the business to certain additional benefits directly connected to the implementation of a job protection plan.
The secretariat of the Economic Committee then provides support in terms of implementing and monitoring the job protection plan.
Déclaration de licenciement économique et/ou dépôt d'un plan de redressement ou d'un plan de maintien dans l'emploi