With law n°2015-990 of August 6, 2015, known as the “Macron law,” the redeployment obligation incumbent on employers in the event of a redundancy procedure has been, in its principle, refocused on the sole positions available on national territory, even when the company concerned or the group to which it belongs has an international dimension.
Relaxation of the redeployment abroad obligation
Previously, when the company or the group to which it belongs was located outside of France, the employer had, on principle, to try to redeploy the employee abroad except if the latter declined all offers of redeployment abroad in response to the mobility questionnaire provided to him by his employer beforehand (or refused to respond within the time limit).
Now, it is only upon the express request of the employee that the search for redeployment has to be extended abroad by the employer.
This relaxation however has another side to it: the employer must have previously informed the employee of his right to request that the search for redeployment be extended abroad.
Conditions for information of the employee
Decree No. 2015-1638 of December 10, 2015 clarified on the one hand, the modalities according to which the employer must inform the employee of his right to request that the search for redeployment is extended abroad and, on the other hand, the consecutive steps of this redeployment procedure abroad:
- Information of the employee of his right to seek an extension of the search for redeployment abroad must be in writing and sent to him personally (by registered letter with acknowledgment of receipt or by any other means showing a specific date as to the information);
- From the date of his effective information (ex: receipt of the registered letter), the employee has 7 business days in which to formulate, in writing, his request for an extension of the search by specifying all possible restrictions or information relating to offers of redeployment that he wishes to receive (remuneration, place of work, etc.);
- The offer of redeployment that the employer may submit to the employee must expressly specify the following:
- Name of the employer
- Title of the position
- Place of work
- Type of employment contract
- Working language used
- Reflection period allotted
- From the date of receipt of the offer, the employee must have a minimum reflection period of 8 clear days in which to respond, except in the case of reorganization proceedings (“redressement judiciaire”) or judicial liquidation (“liquidation judiciaire”) of the company; being specified that the absence of a response by the employee within the time limit is equivalent to a refusal of the offer submitted.
These modalities apply to dismissal procedures instituted as rom December 13, 2015 and must all be expressly included in the collective agreement or the unilateral document defining the Social Plan (“Plan de Sauvegarde de l’Emploi”) which may be required.
References: Articles L. 1233-4, L. 1233-4-1 and D. 1233-2-1 of the French Labour Code