News from our Employment Law team on: several rulings of the Court of Cassation specifying (i) the possible sequencing of a reorganization project involving the implementation of a PSE (ii) the conciliation between a PSE and a collective bargaining agreement, and (iii) the possibility for a CSE or a trade union to invoke the exception of illegality of a collective agreement in order to defend their own right.
The reorganization measures of the company not involving dismissals can be implemented before the approval of the related PSE
In a decision dated March 23, 2022 (n20-15.370), the Court of Cassation sheds light on the sequencing of a reorganization project involving the implementation of a PSE.
It thus censured a decision of the Court of Appeal of Aix-en-Provence pronouncing the judicial termination of an employee's employment contract on the grounds that the dispensation from activity which he had been granted and which resulted from the implementation of a reorganization project, had occurred before the date of approval of the PSE by the administrative authority.
Referring to the articles governing 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...
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