Subsection 2: Termination by mutual agreement as part of a collective agreement on collective redundancy by mutual agreement

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Article L1237-19-1

French Labour CodeIn force

Updated 8 Nov 2023

The agreement providing for the collective termination of employment by mutual agreement determines :

1° The terms and conditions for informing the Social and Economic Committee, if one exists ;

2° The maximum number of departures envisaged, the associated job cuts, and the length of time during which terminations of employment contracts may be initiated on the basis of the agreement;

3° The conditions that the employee must meet in order to benefit;

4° The procedures for presenting and examining employees' applications to leave, including the conditions for transmitting the employee's written agreement to the scheme provided for by the collective agreement;

4° bis The procedures for concluding an individual termination agreement between the employer and the employee and for exercising the parties' right of withdrawal;

5° The methods for calculating the severance payments guaranteed to the employee, which may not be less than the statutory payments due in the event of dismissal;

6° Criteria for deciding between potential candidates for departure;

7° Measures aimed at facilitating the support and external redeployment of employees in equivalent jobs, such as mobility leave under the conditions provided for in articles L. 1237-18-1 to L. 1237-18-5, training, validation of acquired experience or retraining actions or actions to support the creation of new activities or the takeover of existing activities by employees;

8° The procedures for monitoring the effective implementation of the agreement on the Collective Collective Bargaining Agreement.

In accordance with the provisions of X of Article 40 and III ofArticle 10 of Order No. 2017-1387 of 22 September 2017, the provisions resulting from Article 10 of said Order and requiring implementing measures come into force on the date of publication of the implementing decrees, and no later than 1 January 2018.

Mariela Petrova

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Common Questions

Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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