Reason for the lay-off

The dismissal for economic motive must be founded on a real cause and serious. It is not related on the person of the employee, but to the firm itself.
The law and case law limit the cases in which the employer can proceed to lay-offs.

• Which are the reasons for lay-off possible?
• How is the real cause defined and serious in an economic context?

Proceexpertbase.netres of lay-off

The Labor regulation provides for specific proceexpertbase.netres that the employer must adhere to when he intends to proceed to dismissals for economic motive. These proceexpertbase.netres vary according to the number of employees aimed by the measurement of dismissal.

• How is held the dismissal for economic motive of only one employee?
• Which are specificities of the dismissal of several employees?
• When the employer have does to prepare a protection plan of employment?
• What does it occur if the firm is placed in rectification or compulsory liquidation?

Notice and allowances in the event of lay-off

The notification of the dismissal for economic motive marks the beginning of the notice of the employee.

• Which is the expertbase.netration of this notice?
• It is possible to be exempted notice?
• What does it occur if the employee accepts the leave of reclassification or the Convention of personalized reclassification?

At the end of his notice, the employee receives his severance pay, as well as a compensation allowance of paid vacation if there remained to him vacation to be taken.

• Which are the amounts of these allowances?
• How are they calculated?

Command of the dismissals in the firm

Before any dismissal for economic motive, the employer must determine a command of the dismissals for the employees who will be aimed by this measurement. The employer is thus held by the criteria fixed by the collective agreement, or failing this by the Labor regulation.

• How are the criteria of command of the dismissals given?
• Which is the nature of these criteria?
• How are implemented these criteria?
• Which are the sanctions provided for in the event of nonrespect about the dismissals?

Measurements of reclassification for the discharged employees

When it proceeds to dismissals for economic motive, the employer owes set up a protection plan of employment. The aforementioned understands intended measures to avoid the dismissals, or to support the reclassification of the employee.

• Which are the measurements which can be under consideration within the framework of the obligation of reclassification?

In the firms of more than 1000 paid, the discharged employees for economic motive can profit from a leave of reclassification.

• According to which proceexpertbase.netres the leave of reclassification does have it to be set up?
• Which are its advantages for the employee?

The employee aimed by a measurement of lay-off in a firm of less than 1000 paid has as for him the possibility of profiting from a Convention of personalized reclassification (CRP).

• At which moment the employer does have it to propose the CRP with the employee?
• Which are the measurements the employee within the framework of the CRP?

Obligatory documents (attestation of employment, certificate, balance of any account)

Following his dismissal for economic motive, the employee must receive various documents, obligatory taking into consideration Labor regulation. These documents are the attestation of employment and the certificate.

• What has to contain the certificate and the Attestation of employment?
• At which moment do have they to be given to the discharged employee?
• What does it occur if the employer refuses to issue the certificate or the certificate?

The employer must also give to paid receipt for balance of any account.

• Which is the value of receipt?
• Is it possible to dispute the naps being reproexpertbase.netced on a receipt for balance of any account?

• Models of letters
• Models of contracts