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Le licenciement économique dans les groupes de sociétés

Abstract : Since the development of capitalism, the need for a right groups appeared. This need is reinforced by the fact that today one in two employees belongs to a group of companies. Furthermore, in the globalization of the economy’s process, the number of redundancies is increasing ceaselessly. Some groups have to fire to save their economic health, while others wish to prosper. These ones will even give up their subsidiary to increase their profits.The legislator introduced a redundancy procedure applicable to the group of companies which one participating in a prevention of layoffs. Meanwhile, he gradually legislate a law applicable in case of an individual and collective process. He established, the one hand, the obligation to repatriate the employees provide to a foreign subsidiary and, secondly, the requirement to establish a group committee. Finally, the Group is required to elaborate a conservation plan for the use of its subsidiaries within its meansMoreover, the existence of a real law for the groups as part of a redundancy procedure is confirmed by the position of jurisprudence and legal precedents. Indeed, the social judge intervened actively to create a legal framework for this corporate group. First, he cleared an enlarged reclassification obligation to the group participating in the building of this specific duty. Then, the Social court wished to impute responsibility to the group by calling the donor company coemployeur order, allowing the group to be punish suitably.There is therefore a right for the groups within the framework of the procedure involved in redundancies prevention and intervening in their implementation.
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  • HAL Id : tel-01314754, version 1



Catherine Zarba. Le licenciement économique dans les groupes de sociétés. Droit. Université d'Avignon, 2015. Français. ⟨NNT : 2015AVIG2050⟩. ⟨tel-01314754⟩



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