Where layoffs for economic reason are urgent or indispensable, the Judge Administrator may
give his permission to that effect to the Bankruptcy Trustee according to the procedure provided
for in this article et seq., notwithstanding any provision to the contrary but without prejudice to
the right to a notice and to compensation relating to the termination of the contract of
employment.
Before referring the matter to the Judge Administrator, the Bankruptcy Trustee shall draw up
the order in which workers shall be laid off following the applicable provisions of the labour
law.
For the jobs maintained, the layoff of a worker with the least professional aptitude shall be
proposed first and, in the case of equality of professional aptitudes, seniority in the company,
seniority being calculated according to the applicable provisions of the labour law.
In order to have their opinions and suggestions, the Bankruptcy Trustee shall in writing inform
the staff representative of the measures which he intends to take by providing them the list of
workers he intends to lay off and stating the criteria he has adopted. The staff representative
shall give his response in writing, within a period of eight days.
The employer shall transmit to the Labour Inspectorate a copy of his letter to the staff
representative and the written reply of the latter or state that the staff representatives have not
replied within the specified period of eight days.
Official translation
Spot-checked
In force from 10 April 1998
Source page 38