Article

L. 1233-71 to L. 1233-76, R1233-17 to R1233-21, and R1233-22 to R1233-36

Description

In general, there is no legal provision which grants employees time off for job search during the notice period. Such provisions, however, may be part of a sectoral or a company-level agreement, or they are stipulated by common practice in the company or the unilateral agreement of the employer.

An exception to this rule applies for workers in large companies (more than 1,000 staff) who have been dismissed on economic grounds. They are eligible for time off for job search, so called redeployment leave (congé de reclassement). It is the employers’ responsibility to inform the employees concerned about the possibility to take redeployment leave and about the conditions of the suggested action (purpose, remuneration and benefits, status). 

This information is provided :

• either at the employee's prior dismissal interview, when the redundancy concerns fewer than 10 employees over a 30-day period;
• Or at the last meeting of the work council (social and economic committee - CSE), when the redundancy involves at least 10 employees over a 30-day period.

The employer must offer the employee redeployment leave in the letter of dismissal.

Employees are given eight days to reply to this proposition. The employer is not obliged to offer redeployment leave if the company is in receivership or compulsory liquidation. In case of a positive reply, the employee’s file is treated by a specialised agency in charge of analysing the candidate’s profile, conducting an interview and suggesting suitable measures. The agency will support the employee to find a new job and can also propose some training.

The leave may last 4 to 12 months and is taken during the notice period. If the employee undergoes retraining, the duration of the redeployment leave may be extended to 24 months (instead of 12 months). If the employee is undergoing training or validation of acquired experience (VAE), the duration of the redeployment leave cannot be less than the duration of these actions, up to a maximum of 12 months.

The employee is released from any other tasks during that time. The employment contract with the employer terminates at the end of the leave or when the employee finds a new job. During this leave, employees receive their regular remuneration from the employer.

If the training leave exceeds the notice period, the employer continues to pay a part of the employee’s original wage, which may not be less than 65% of their last gross salary over a 12-month reference period and not below 85% of the current national minimum wage.

The allowance is exempt from social security contributions. However, it is subject to social security contributions (CSG at a rate of 6.20% and CRDS at a rate of 0.5%).

Commentary

In the absence of statistical monitoring by the Ministry of Labour, as indicated by the Cour des Comptes (June 2020), it is impossible to know the number of employees placed on redeployment leave, the support measures they receive or the effectiveness of the scheme in terms of a return to employment.

Additional metadata

Cost covered by

Employer

Involved actors other than national government

Works council

Involvement (others)

The employers has to inform the works council (CSE) that dismissed employees may ask for the redeployment leave.

Thresholds

Affected employees: 1000
Company size: No, applicable in all circumstances
Additional information: No, applicable in all circumstances

Sources

• Labour code (Articles L.1233-71 to L.1233-76
• Governmental website on Labour law (Congé de reclassement), in French
• Cour des Comptes (2020), Les dispositifs de l’Etat en faveur des salariés des entreprises en difficulté, June 2020