Massive blow for the workers, the large-scale economic layoffs are a tragedy both for the employees and for the territories.

In order to limit as much as possible the number of employees who will end up on the floor, the legislation requires employers to do everything to allow them to bounce back.

They must first offer them training to adapt their workstation, but also the possibilities of being reclassified to positions of the same category and of equivalent remuneration available in the company or group.

More broadly, it is compulsory to offer redeployment leave.

How does it work ?

Focus on training

This system intends to save time for employees in their return to work. Rather than carrying out their period of notice of collective dismissal, the employees concerned can take advantage of this leave to increase the number of training actions or, why not, take the necessary steps to validate their prior experience (VAE), so that they can be more quickly operational to find a job. In the same vein, a skills assessment can be carried out.

In order to optimize this reintegration, everything begins with an assessment and orientation interview carried out by a support unit.

The objective is to determine the professional reclassification plan and to propose coherent training actions.

The employee has 8 days to sign the document specifying the content of this course.

Once the leave has been validated, this unit will then support it in its efforts throughout the system.

The employee has nothing to pay: all costs are borne by the company.

Strict supervision

While the proposal seems positive at first glance, it is not for everyone. Only companies and establishments with at least 1,000 employees who plan to resort to redundancy have the obligation to offer redeployment leave to employees threatened with departure. On the other hand, the measure does not apply in the event of reorganization or judicial liquidation proceedings, or if the employee has already agreed to benefit from mobility leave (a similar support system determined by collective agreement).

On the employee side, this is a proposal, formulated in the dismissal letter, that you are free to accept or refuse.

Please note, you have 8 days to come forward from the notification of the letter, otherwise your silence will be worth refusing.

If agreed, the leave will begin at the end of the 8-day period and will replace the notice of dismissal.

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A long-term commitment

Redeployment leave represents a binding commitment for the employee who benefits from it.

Indeed, once the training course has been accepted, it will have to be completed in full, otherwise the company may terminate the system.

Likewise, although the usual salary continues to be paid until the normal end of the notice of dismissal, the leave is longer.

However, at this end, the employer no longer pays the employee a monthly allowance at least equal to 65% of the average of his gross annual remuneration and without being able to be less than 85% of the minimum wage.

On the other hand, from a legal point of view, the term of the notice is postponed until the end of the leave, knowing that it can reach between 4 and 12 months.

It can even be spread over 24 months in the event of vocational retraining, under a decree published on May 21, 2021.

During this period, the employee is free to work for other companies.

To do this, he must inform his employer before hiring and be content to sign fixed-term contracts (CDD) or temporary work, which will have the effect of suspending the leave before it resumes its course.

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