DLP Insights

Court of Cassation: the joint exam for temporary lay-off extraordinary intervention does not guarantee the lawfulness of the procedure

Catégories: DLP Insights, Case Law

17 Juin 2011
Court of Cassation, with sentence no. 12103/2011, specified that the joint exam at the Ministry of Labour for applying to the lay-off extraordinary intervention itself does not guarantee the lawfulness of the procedure. Therefore, should the previous communication to the trade union be incomplete, the whole reorganization plan has to be considered unlawful. Indeed, while public bodies (Cipi and Ministry of Labour) participate to the verification of the company crisis and deliberate the relevant administrative measures, the private subjects (employer and trade union organizations) has to manage the company crisis in the practical aspects. Therefore, the communication notified by the employer to the company trade union representatives has to be preventive and highlight criteria to identify employees to be suspended and the modalities of turnover, which afterwards will be subjected to the joint exam at the Ministry of Labour.

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