France: Updates on the Macron ordinances: the rationale for economic dismissals is now evaluated at the national level
The Macron reform has introduced some flexibilities in the procedure of economic redundancy: the framework of appreciation of the economic rationale, for example the economic difficulties, previously appreciated at the level of all the companies of the group, is now appreciated at the level of the company or companies of the group but located on the French territory. The same is true for the search for positions of redeployment to be carried out in companies located in France. The consultation rules for staff representatives have been adapted to take account of the setting up of the new Social and Economic Committee (“CSE”). Finally, the possibility of dismissal before transfer, provided for by the Labor Law of 8 August 2016 but limited to companies with at least 1000 employees, has been extended to all companies required to establish a social plan (PSE) and wishing to accept a takeover offer.