When layoffs for economic reasons are urgent and indispensable, the receiver may authorize the trustee to carry them out pursuant to the procedure set forth in this Article and the following one, notwithstanding any repugnant provision but without prejudice to the right to notice and severance package related to the employment contract.
Before informing the receiver, the trustee shall establish the order of dismissals in accordance with the provisions of the applicable Labor Law.
First, he shall propose the dismissal of workers with lower skills for jobs that are maintained and, in the event of equivalent professional skills, workers with less seniority in the debtor company; seniority is being calculated according to the provisions of the applicable Labor Law.
In order to collect their opinions and their suggestions, the trustee shall write to the staff delegates and the controller staff representative about the measures to be implemented by providing the list of workers he plans to lay off and by explaining criteria for such selection. The staff delegates and the controller staff representative shall respond in writing within eight (08) days from the receipt of the proposal.
The trustee shall forward the letters he sent to staff delegates and controller staff representative, as well as their written response, or remarks on their failure to respond within eight (08) days as provided in the paragraph above, to the Labor Inspection.
Unofficial translation
Transcription: Spot-checked
In force from 24-12-2015
Source page 74
The document's transcription was spot-checked against the supplied source; this does not confirm a line-by-line review of every provision.
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Section 110 of the Acte uniforme portant organisation des procédures collectives d'apurement du passif/akn/ohada/act/loi/2015-09-10/aupcap-2015
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