Corporate restructuring and health protections

Corporate restructuring involves reorganizing a company's operations, often leading to job changes or dismissals. It must include measures to protect employees' mental and physical health to comply with labor laws and avoid legal issues.

Economic motive for restructuring

A clear economic motive is required for restructuring, such as financial difficulties or technological changes. Without this, dismissals may be deemed unjustified, leading to legal compensation for affected employees.

Reassignment and training obligations

Employers must explore all possible ways to reassign or train employees before resorting to layoffs. Labor courts impose strict penalties for failing to do so, even if the company is facing real economic challenges.

CSE consultation and information

The Company Social Committee (CSE) must be informed and consulted about restructuring plans. Providing incomplete information, especially about health and safety, can invalidate the restructuring process and lead to legal consequences.

Occupational health and psychosocial risks

Employers are legally required to protect workers' health, including mental well-being. The Dreets, a regional health authority, checks that restructuring plans include measures to prevent psychosocial risks, such as excessive workloads, which can be suspended by courts if identified.

Mandatory employment protection plan

Companies with at least 50 employees must create an employment protection plan (PSE) if at least 10 dismissals are planned within 30 days. This plan must be thorough and aligned with health and safety requirements, or it could lead to the cancellation of the restructuring.