DI04 – Steering restructuring operations in France – Employment law aspects

1. Introduction: impact of employment law of a restructuring operation

2. Points to be identified before undertaking a restructuring operation

• Mapping of staff representative bodies
• Level of consultation of staff representatives (national, European, group) and procedural timelines
• Workforce affected by the restructuring
  CASE STUDY : interactive preparation of the list of items to be checked

3. Different types of restructuring
a) Restructurings to improve competitiveness
b) restructurings to deal with a downtown or crisis situation

• The concept of ??economic reasons?
• The broad lines of the procedure
• What is an Employment Protection Plan?
• The role of the Labor Administration
• Focal points :
  – Controlling the timeframes
  – Associated costs and risks
  -Managing protected employees

c) Role of staff representatives: consultation and expert appraisals

4. Practical steering of the restructuring

• The group’s involvement in the decision-making process and the co-employment issue
• Strategy vis-à-vis staff representatives
• Relations with the Labor Administration and local administrations
  CASE STUDY CASE STUDY : based on a simulated situation, you will try to ask the right questions to ensure a successful restructuring

5. Terminations

• Knowing the main ways of terminating the employment contract:
  – Dismissal for personal reasons
  – Dismissal for economic reasons
  – Negotiated termination
  – Constructive dismissal
  – Resignation
• Measuring the costs and risks
• Mitigating risks through settlement agreement

6. Executives’ exposure to criminal liability

• Understanding the extent of liability
• Guarding against criminal liability risks