In a decision dated 23 March 2022 (20-15.370), the Court of Cassation shed light on the sequencing of a workforce reorganisation project that involved implementing an employment protection plan (PSE).
In its decision, the Court overturned a ruling of the Court of Appeal of Aix-en-Provence, which had approved an employee's dismissal on the grounds that it had been issued as a result of the implementation of a restructuring project and that it had occurred before the relevant administrative authority had approved his PSE.
Referring to the articles that govern the procedure for informing and consulting the works council (formerly known as the social and economic committee), the Court of Cassation recalled that:
if the works council must be informed in good time of restructuring and workforce reduction projects, the reorganization may be implemented before the date of approval of the employment protection plan by the administrative authority.
For further information on this topic please contact Alexandra Tuil at Hogan Lovells by telephone (+33 1 53 67 47 47) or email ([email protected]hoganlovells.com). The Hogan Lovells website can be accessed at www.hoganlovells.com.