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33383239373238386361646431383566 | article101013 | 36 | La prévention des risques liés à l'amiante | Travail-Emploi | travail-emploi | L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée. | 16/12/2024 | https://travail-emploi.gouv.fr/la-prevention-des-risques-lies-lamiante | [
"Accompagnement à la mise en œuvre de la réglementation"
] | des travaux de décoration, extension, démolition ou autres travaux d’entretien et de rénovation.Amiante chez les particuliers : une affaire de professionnels ! Prévention du risque d’exposition à l’amiante et du risque de chute de hauteur : Action régionale de contrôle des activités de couverture (Direccte Pays-de-Loire)Il n’existait initialement pas, dans le domaine des travaux portant sur l’amiante (qu’il s’agisse des travaux de retrait ou d’encapsulage « SS3 » ou des interventions « SS4 ») de documents techniques généraux inspirés par le retour d’expérience des entreprises et présentant les « gestes métiers » attendus pour la réalisation des travaux en question, ce dans le respect de la réglementation en vigueur.En lien étroit avec le plan de recherche développement amiante (PRDA), qui s’est tenu de 2015 à 2018, les organisations professionnelles du bâtiment (FFB et CAPEB), accompagnées par l’OPPBTP, ont décidé de concevoir, sur la base du retour d’expérience de leurs adhérents et en lien étroit avec les résultats de la campagne CARTO AMIANTE, des fiches appelées « règles de l’art SS4 », présentant pour des situations de travail données des modalités d’interventions appropriées.Les fiches en question, ventilées entre travaux du bâtiment et activités de travaux publics, sont consultables au lien suivant : https://www. reglesdelartamiante. fr/De leur côté, les organisations professionnelles de traitement de l’amiante (SYRTA et SEDDRe) se sont engagées dans la production de | La prévention des risques liés à l'amiante
L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée.
des travaux de décoration, extension, démolition ou autres travaux d’entretien et de rénovation.Amiante chez les particuliers : une affaire de professionnels ! Prévention du risque d’exposition à l’amiante et du risque de chute de hauteur : Action régionale de contrôle des activités de couverture (Direccte Pays-de-Loire)Il n’existait initialement pas, dans le domaine des travaux portant sur l’amiante (qu’il s’agisse des travaux de retrait ou d’encapsulage « SS3 » ou des interventions « SS4 ») de documents techniques généraux inspirés par le retour d’expérience des entreprises et présentant les « gestes métiers » attendus pour la réalisation des travaux en question, ce dans le respect de la réglementation en vigueur.En lien étroit avec le plan de recherche développement amiante (PRDA), qui s’est tenu de 2015 à 2018, les organisations professionnelles du bâtiment (FFB et CAPEB), accompagnées par l’OPPBTP, ont décidé de concevoir, sur la base du retour d’expérience de leurs adhérents et en lien étroit avec les résultats de la campagne CARTO AMIANTE, des fiches appelées « règles de l’art SS4 », présentant pour des situations de travail données des modalités d’interventions appropriées.Les fiches en question, ventilées entre travaux du bâtiment et activités de travaux publics, sont consultables au lien suivant : https://www. reglesdelartamiante. fr/De leur côté, les organisations professionnelles de traitement de l’amiante (SYRTA et SEDDRe) se sont engagées dans la production de | 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30333732316230323339623066303163 | article101013 | 37 | La prévention des risques liés à l'amiante | Travail-Emploi | travail-emploi | L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée. | 16/12/2024 | https://travail-emploi.gouv.fr/la-prevention-des-risques-lies-lamiante | [
"Accompagnement à la mise en œuvre de la réglementation"
] | la production de « règles techniques SS3 », là encore élaborées sur la base du retour d’expérience de professionnels de ce secteur d’activité et destinées à promouvoir des gestes métiers en lien avec les différentes facettes de l’activité de traitement de l’amiante.Les règles techniques en question sont consultables au lien suivant : https://www. reglestechniquesss3-syrta-seddre. net/Dans les deux cas, les directions d’administrations centrales intéressées à ces projets (DHUP et DGT) se sont notamment assurées, tout le long des travaux d’élaboration de ces fiches et règles, de la conformité de leur contenu à la réglementation du travail en vigueur.Documents élaborés par des professionnels et à destination de professionnels, ces fiches et règles fournissent à l’ensemble des acteurs de l’amiante un véritable outil de travail et de progression de leurs compétences et constituent, ce faisant, un formidable moyen de transmission de leurs savoir-faire.Ce faisant, ces documents viennent s’articuler harmonieusement entre la réglementation en vigueur et les documents de prévention, tels ceux élaborés par l’INRS, l’OPPBTP et la CNAM.Evénements pour partager l’actualité en matière d’amianteLe 10 octobre 2017, la DGT a organisé, en partenariat avec l’OPPBTP et l’INRS, un séminaire intitulé « Prévention des expositions des travailleurs à l’amiante - Piloter, repérer, connaître, former, contrôler » qui a rassemblé plus de 250 participants.Les vidéos, le rapport CARTO et l’ensemble des | La prévention des risques liés à l'amiante
L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée.
la production de « règles techniques SS3 », là encore élaborées sur la base du retour d’expérience de professionnels de ce secteur d’activité et destinées à promouvoir des gestes métiers en lien avec les différentes facettes de l’activité de traitement de l’amiante.Les règles techniques en question sont consultables au lien suivant : https://www. reglestechniquesss3-syrta-seddre. net/Dans les deux cas, les directions d’administrations centrales intéressées à ces projets (DHUP et DGT) se sont notamment assurées, tout le long des travaux d’élaboration de ces fiches et règles, de la conformité de leur contenu à la réglementation du travail en vigueur.Documents élaborés par des professionnels et à destination de professionnels, ces fiches et règles fournissent à l’ensemble des acteurs de l’amiante un véritable outil de travail et de progression de leurs compétences et constituent, ce faisant, un formidable moyen de transmission de leurs savoir-faire.Ce faisant, ces documents viennent s’articuler harmonieusement entre la réglementation en vigueur et les documents de prévention, tels ceux élaborés par l’INRS, l’OPPBTP et la CNAM.Evénements pour partager l’actualité en matière d’amianteLe 10 octobre 2017, la DGT a organisé, en partenariat avec l’OPPBTP et l’INRS, un séminaire intitulé « Prévention des expositions des travailleurs à l’amiante - Piloter, repérer, connaître, former, contrôler » qui a rassemblé plus de 250 participants.Les vidéos, le rapport CARTO et l’ensemble des | 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61346337396165333832653031663562 | article101013 | 38 | La prévention des risques liés à l'amiante | Travail-Emploi | travail-emploi | L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée. | 16/12/2024 | https://travail-emploi.gouv.fr/la-prevention-des-risques-lies-lamiante | [
"Accompagnement à la mise en œuvre de la réglementation"
] | et l’ensemble des supports de présentation de ce séminaire sont en ligne. | La prévention des risques liés à l'amiante
L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée.
et l’ensemble des supports de présentation de ce séminaire sont en ligne. | 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64303130666236373733323465396362 | article101013 | 39 | La prévention des risques liés à l'amiante | Travail-Emploi | travail-emploi | L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée. | 16/12/2024 | https://travail-emploi.gouv.fr/la-prevention-des-risques-lies-lamiante | [
"Pour aller plus loin"
] | Le plan d’actions interministériel amiante (PAIA) Le premier plan d’actions interministériel pour améliorer la prévention des risques liés à l’amiante (PAIA), piloté par les ministères en charge de la santé, du travail, de l’environnement et de la construction sur la période 2016-2018, avait pour ambition d’améliorer la prévention des risques liés à l’amiante en facilitant la mise en œuvre de la réglementation, en accompagnant la montée en compétence des acteurs dans les différents domaines d’activités concernés par cette problématique, en soutenant les démarches de recherche et développement et en proposant des outils de suivi et d’évaluation. Les objectifs de ce plan se sont organisés en 5 axes déclinées en 23 actions :Axe 1 : Renforcer et adapter l’information, avec notamment la création d’un portail internet interministériel permettant l’accès de tout usager à une information fiable et actualisée dans les différents domaines (travail, santé, logement, environnement) ;Axe 2 : Améliorer et accélérer la professionnalisation ;Axe 3 : Faciliter et accompagner la mise en œuvre de la réglementation liée à l’amiante ;Axe 4 : Soutenir les démarches de recherche et de développement sur l’amiante ;Axe 5 : Se doter d’outils de connaissance, de suivi et d’évaluation. Tableau de présentation des actions, par axe, du PAIA I (PDF - 75. 43 Ko) L’axe 1 du PAIA prévoyait notamment la mise en place d’une démarche de communication visant à rendre plus lisible et accessible - tant pour le | La prévention des risques liés à l'amiante
L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée.
Le plan d’actions interministériel amiante (PAIA) Le premier plan d’actions interministériel pour améliorer la prévention des risques liés à l’amiante (PAIA), piloté par les ministères en charge de la santé, du travail, de l’environnement et de la construction sur la période 2016-2018, avait pour ambition d’améliorer la prévention des risques liés à l’amiante en facilitant la mise en œuvre de la réglementation, en accompagnant la montée en compétence des acteurs dans les différents domaines d’activités concernés par cette problématique, en soutenant les démarches de recherche et développement et en proposant des outils de suivi et d’évaluation. Les objectifs de ce plan se sont organisés en 5 axes déclinées en 23 actions :Axe 1 : Renforcer et adapter l’information, avec notamment la création d’un portail internet interministériel permettant l’accès de tout usager à une information fiable et actualisée dans les différents domaines (travail, santé, logement, environnement) ;Axe 2 : Améliorer et accélérer la professionnalisation ;Axe 3 : Faciliter et accompagner la mise en œuvre de la réglementation liée à l’amiante ;Axe 4 : Soutenir les démarches de recherche et de développement sur l’amiante ;Axe 5 : Se doter d’outils de connaissance, de suivi et d’évaluation. Tableau de présentation des actions, par axe, du PAIA I (PDF - 75. 43 Ko) L’axe 1 du PAIA prévoyait notamment la mise en place d’une démarche de communication visant à rendre plus lisible et accessible - tant pour le | 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31643333373263333563346665636637 | article101013 | 40 | La prévention des risques liés à l'amiante | Travail-Emploi | travail-emploi | L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée. | 16/12/2024 | https://travail-emploi.gouv.fr/la-prevention-des-risques-lies-lamiante | [
"Pour aller plus loin"
] | - tant pour le grand public que les professionnels - l’information publique sur l’amiante produite en particulier par les ministères en charge de la santé, du travail, de l’environnement et de la construction. Une rubrique consacrée à l’amiante a ainsi été créée sur le site notre-environnement. gouv. fr Le premier PAIA est aujourd’hui achevé, les ministères porteurs de celui-ci discutant actuellement à la mise en place d’un second PAIA.Plan de recherche et de développement amiante (PRDA) Le Plan recherche et développement amiante (PRDA), lancé le 30 juin 2015 pour une durée de trois ans, visait à appuyer le développement et l’essor d’actions en faveur de la rénovation et de l’efficacité énergétique, dans un souci de prévention de la sinistralité. 23 projets de recherche ont ainsi été primés dans le cadre de ce plan.Commission d’évaluation des innovations techniques dans le domaine de la détection et du traitement de l’amiante dans le bâtiment (CEVALIA) La commission d’évaluation des innovations techniques dans le domaine de la détection et du traitement de l’amiante dans le bâtiment (CEVALIA) a été mise en place par décret du 13 janvier 2017, modifié par le décret du 6 juillet 2023. La CEVALIA constitue un vivier d’instructeurs pour instruire les demandes d’évaluation, en vue d’obtenir un avis de la Commission. Le site internet explicite comment faire acte de candidature pour être instructeur de dossiers de demande d’évaluation et donne accès au règlement intérieur de la | La prévention des risques liés à l'amiante
L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée.
- tant pour le grand public que les professionnels - l’information publique sur l’amiante produite en particulier par les ministères en charge de la santé, du travail, de l’environnement et de la construction. Une rubrique consacrée à l’amiante a ainsi été créée sur le site notre-environnement. gouv. fr Le premier PAIA est aujourd’hui achevé, les ministères porteurs de celui-ci discutant actuellement à la mise en place d’un second PAIA.Plan de recherche et de développement amiante (PRDA) Le Plan recherche et développement amiante (PRDA), lancé le 30 juin 2015 pour une durée de trois ans, visait à appuyer le développement et l’essor d’actions en faveur de la rénovation et de l’efficacité énergétique, dans un souci de prévention de la sinistralité. 23 projets de recherche ont ainsi été primés dans le cadre de ce plan.Commission d’évaluation des innovations techniques dans le domaine de la détection et du traitement de l’amiante dans le bâtiment (CEVALIA) La commission d’évaluation des innovations techniques dans le domaine de la détection et du traitement de l’amiante dans le bâtiment (CEVALIA) a été mise en place par décret du 13 janvier 2017, modifié par le décret du 6 juillet 2023. La CEVALIA constitue un vivier d’instructeurs pour instruire les demandes d’évaluation, en vue d’obtenir un avis de la Commission. Le site internet explicite comment faire acte de candidature pour être instructeur de dossiers de demande d’évaluation et donne accès au règlement intérieur de la | 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63373332303436306134383061636537 | article101013 | 41 | La prévention des risques liés à l'amiante | Travail-Emploi | travail-emploi | L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée. | 16/12/2024 | https://travail-emploi.gouv.fr/la-prevention-des-risques-lies-lamiante | [
"Pour aller plus loin"
] | intérieur de la Commission.Documents Synthèse des processus 2023 (XLSX - 448. 52 Ko) Note du directeur général du travail du 9 juillet 2018 (PDF - 2. 89 Mo) 2020. 053_rapport_d_activite_meta_2015-2019 (PDF - 580. 05 Ko) Cnam_Prévention_des_risques (PDF - 551. 89 Ko) HSE199 Programme (PDF - 574. 94 Ko) Les arrêtés du 30 mai 2018 relatifs aux mesurages des fibres d’amiante et céramiques réfractaires | Synthèse (PDF - 339. 17 Ko) 2021. 138_rapport_d_activite_meta_2012-2020 (PDF - 689. 04 Ko) Présentation du Décret n°2015-789 du 29 juin 2015 relatif aux risques d’exposition à l’amiante (PDF - 532. 57 Ko) synthese_des_processus_07_2012_a_12_2021 (XLSX - 427. 42 Ko) 2022. 136_rapport_d_activite (PDF - 950. 46 Ko) Note 14-906 du Directeur général du travail en date du 12 décembre 2014 (PDF - 288. 06 Ko) Prévention des risques liés à l’amiante Bilan et perspectives 2012-2020 - DGT 10 oct 2017 (PDF - 504. 71 Ko) Logigramme | Distinction sous-section 3/sous-section 4 pour les opérations exposant à l’amiante sur les installations et équipements industriels, matériels de transport ou autres articles (PDF - 40. 44 Ko) CARTO Amiante (PDF - 328. 36 Ko) Synthèse processus (XLSX - 239. 97 Ko) Plaquette obligation-rat-immeuble-batis (PDF - 1. 15 Mo) Document de référence | Dispositif de formation à la prévention des risques liés à l’amiante sous-section 4 (PDF - 2. 32 Mo) Note 15-79 du Directeur général du travail en date du 4 mars 2015 (PDF - 778. 57 Ko) Table de correspondance des matériaux | La prévention des risques liés à l'amiante
L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée.
intérieur de la Commission.Documents Synthèse des processus 2023 (XLSX - 448. 52 Ko) Note du directeur général du travail du 9 juillet 2018 (PDF - 2. 89 Mo) 2020. 053_rapport_d_activite_meta_2015-2019 (PDF - 580. 05 Ko) Cnam_Prévention_des_risques (PDF - 551. 89 Ko) HSE199 Programme (PDF - 574. 94 Ko) Les arrêtés du 30 mai 2018 relatifs aux mesurages des fibres d’amiante et céramiques réfractaires | Synthèse (PDF - 339. 17 Ko) 2021. 138_rapport_d_activite_meta_2012-2020 (PDF - 689. 04 Ko) Présentation du Décret n°2015-789 du 29 juin 2015 relatif aux risques d’exposition à l’amiante (PDF - 532. 57 Ko) synthese_des_processus_07_2012_a_12_2021 (XLSX - 427. 42 Ko) 2022. 136_rapport_d_activite (PDF - 950. 46 Ko) Note 14-906 du Directeur général du travail en date du 12 décembre 2014 (PDF - 288. 06 Ko) Prévention des risques liés à l’amiante Bilan et perspectives 2012-2020 - DGT 10 oct 2017 (PDF - 504. 71 Ko) Logigramme | Distinction sous-section 3/sous-section 4 pour les opérations exposant à l’amiante sur les installations et équipements industriels, matériels de transport ou autres articles (PDF - 40. 44 Ko) CARTO Amiante (PDF - 328. 36 Ko) Synthèse processus (XLSX - 239. 97 Ko) Plaquette obligation-rat-immeuble-batis (PDF - 1. 15 Mo) Document de référence | Dispositif de formation à la prévention des risques liés à l’amiante sous-section 4 (PDF - 2. 32 Mo) Note 15-79 du Directeur général du travail en date du 4 mars 2015 (PDF - 778. 57 Ko) Table de correspondance des matériaux | 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36356432656665383266343063383837 | article101013 | 42 | La prévention des risques liés à l'amiante | Travail-Emploi | travail-emploi | L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée. | 16/12/2024 | https://travail-emploi.gouv.fr/la-prevention-des-risques-lies-lamiante | [
"Pour aller plus loin"
] | des matériaux entre SCOLA et NF X 46-010 - avril 2015 (PDF - 12. 64 Ko) Amiante | Obligations de repérage avant travaux : cas d'exemption et de dispenses | Septembre 2020 (PDF - 178. 44 Ko) Formation des travailleurs à l’amiante - L’action de contrôle des organismes de formation sous-section 4 - oct 2017 (PDF - 543. 83 Ko) Métrologie Amiante | Questions-réponses | Édition 2024 (PDF - 2 Mo) 2014-481_final (PDF - 375. 5 Ko) Note du Directeur général du travail en date du 19 janvier 2017 (PDF - 3. 93 Mo) Note du directeur général du travail en date du 5 décembre 2017 (PDF - 5. 82 Mo) Amiante - Convention Fedene-DGT-CNAMTS-INRS - juin 2013 (PDF - 427. 39 Ko) Rapport Carto Amiante | Juin 2021 (PDF - 2. 93 Mo) Projet Carto OPPBTP - 1ers résultats - oct 2017 (PDF - 718. 81 Ko) Questions-réponses du 7 mars 2012 (PDF - 75. 35 Ko) Amiante : Note DGT du 24 août 2017 (PDF - 1. 17 Mo) Tableau de présentation des actions, par axe, du PAIA I (PDF - 75. 43 Ko) PowerPoint en anglais de la DGT sur bilan et perspective 2009-2012-2020 (PPT - 2. 33 Mo) Extraction base de données SCOLA | Rapport d’activité pour la période du 1er juillet 2012 au 31 décembre 2022 (PDF - 907. 94 Ko) Questions-Réponses du 7 mars 2013 (PDF - 517. 39 Ko) Guide - Prévention du risque « Poussières » pour les Travaux Publics - 25 juillet 2016 (PDF - 714. 13 Ko) Note du Directeur général du travail en date du 8 décembre 2016 (PDF - 2. 59 Mo) Exposition à l'amiante | Extraction de la base de données SCOLA | Synthèse des | La prévention des risques liés à l'amiante
L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée.
des matériaux entre SCOLA et NF X 46-010 - avril 2015 (PDF - 12. 64 Ko) Amiante | Obligations de repérage avant travaux : cas d'exemption et de dispenses | Septembre 2020 (PDF - 178. 44 Ko) Formation des travailleurs à l’amiante - L’action de contrôle des organismes de formation sous-section 4 - oct 2017 (PDF - 543. 83 Ko) Métrologie Amiante | Questions-réponses | Édition 2024 (PDF - 2 Mo) 2014-481_final (PDF - 375. 5 Ko) Note du Directeur général du travail en date du 19 janvier 2017 (PDF - 3. 93 Mo) Note du directeur général du travail en date du 5 décembre 2017 (PDF - 5. 82 Mo) Amiante - Convention Fedene-DGT-CNAMTS-INRS - juin 2013 (PDF - 427. 39 Ko) Rapport Carto Amiante | Juin 2021 (PDF - 2. 93 Mo) Projet Carto OPPBTP - 1ers résultats - oct 2017 (PDF - 718. 81 Ko) Questions-réponses du 7 mars 2012 (PDF - 75. 35 Ko) Amiante : Note DGT du 24 août 2017 (PDF - 1. 17 Mo) Tableau de présentation des actions, par axe, du PAIA I (PDF - 75. 43 Ko) PowerPoint en anglais de la DGT sur bilan et perspective 2009-2012-2020 (PPT - 2. 33 Mo) Extraction base de données SCOLA | Rapport d’activité pour la période du 1er juillet 2012 au 31 décembre 2022 (PDF - 907. 94 Ko) Questions-Réponses du 7 mars 2013 (PDF - 517. 39 Ko) Guide - Prévention du risque « Poussières » pour les Travaux Publics - 25 juillet 2016 (PDF - 714. 13 Ko) Note du Directeur général du travail en date du 8 décembre 2016 (PDF - 2. 59 Mo) Exposition à l'amiante | Extraction de la base de données SCOLA | Synthèse des | 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39376137633334303466303831633066 | article101013 | 43 | La prévention des risques liés à l'amiante | Travail-Emploi | travail-emploi | L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée. | 16/12/2024 | https://travail-emploi.gouv.fr/la-prevention-des-risques-lies-lamiante | [
"Pour aller plus loin"
] | | Synthèse des processus | 2012-2023 (XLSX - 303. 61 Ko) Amiante | Les obligations de repérage avant travaux | Immeubles non bâtis | Brochure | Octobre 2024. pdf (PDF - 1. 33 Mo)Rapports Le comité de suivi amiante du Sénat a publié le 4 juillet 2014 son rapport d’information sur l’évaluation des réglementations en matière d’amiante. Synthèse du rapport du Sénat (2 juillet 2014)Article de l’INRS publié dans le JOEH sur la campagne META et la comparaison META-MOCP. "Assessment of occupational exposure to asbestos fibers : Contribution of analytical transmission electron microscopy analysis and comparison with phase-contrast microscopy" Vol. 15-2018, issue 3Études Campagne expérimentale en META A la suite des avis de l’ANSES des 17 février, 15 septembre 2009 et 13 octobre 2010 relatifs, respectivement, à l’expertise de la toxicité des fibres courtes et des fibres fines d’amiante (FCA – FFA), à la valeur limite d’exposition professionnelle (VLEP) de l’amiante et aux affleurements naturels d’amiante, une campagne expérimentale de prélèvements et de mesures des fibres d’amiante par microscopie électronique à transmission analytique (META) en milieu professionnel a été menée, à l’initiative du ministère chargé du travail, du 15 novembre 2009 au 15 octobre 2010. Cette campagne, dite «campagne META », s’est déroulée selon un protocole expérimental élaboré avec l’appui de l’Institut national de recherche et de sécurité pour la prévention des accidents du travail et des maladies | La prévention des risques liés à l'amiante
L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée.
| Synthèse des processus | 2012-2023 (XLSX - 303. 61 Ko) Amiante | Les obligations de repérage avant travaux | Immeubles non bâtis | Brochure | Octobre 2024. pdf (PDF - 1. 33 Mo)Rapports Le comité de suivi amiante du Sénat a publié le 4 juillet 2014 son rapport d’information sur l’évaluation des réglementations en matière d’amiante. Synthèse du rapport du Sénat (2 juillet 2014)Article de l’INRS publié dans le JOEH sur la campagne META et la comparaison META-MOCP. "Assessment of occupational exposure to asbestos fibers : Contribution of analytical transmission electron microscopy analysis and comparison with phase-contrast microscopy" Vol. 15-2018, issue 3Études Campagne expérimentale en META A la suite des avis de l’ANSES des 17 février, 15 septembre 2009 et 13 octobre 2010 relatifs, respectivement, à l’expertise de la toxicité des fibres courtes et des fibres fines d’amiante (FCA – FFA), à la valeur limite d’exposition professionnelle (VLEP) de l’amiante et aux affleurements naturels d’amiante, une campagne expérimentale de prélèvements et de mesures des fibres d’amiante par microscopie électronique à transmission analytique (META) en milieu professionnel a été menée, à l’initiative du ministère chargé du travail, du 15 novembre 2009 au 15 octobre 2010. Cette campagne, dite «campagne META », s’est déroulée selon un protocole expérimental élaboré avec l’appui de l’Institut national de recherche et de sécurité pour la prévention des accidents du travail et des maladies | 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65333031356166313337396562373536 | article101013 | 44 | La prévention des risques liés à l'amiante | Travail-Emploi | travail-emploi | L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée. | 16/12/2024 | https://travail-emploi.gouv.fr/la-prevention-des-risques-lies-lamiante | [
"Pour aller plus loin"
] | et des maladies professionnelles (INRS), du laboratoire d’analyse des particules inhalées (LEPI) et de la branche accidents du travail et maladies professionnelles (CNAMTS). 80 chantiers ont été suivis dans le cadre de ce protocole permettant la réalisation de 300 prélèvements. L’INRS a restitué au ministère chargé du travail, le 22 septembre 2011, un rapport final d’analyses et de préconisations. Enquête sur les chantiers de désamiantage : résultats et enjeux méthodologiquesCette étude, conduite par la DARES à la demande de la DGT, permet d’avoir dans la perspective des évolutions réglementaires à venir une photographie de l’état du désamiantage en France pendant la période concernée. La publication de la DARES présente les résultats de l’enquête menée, auprès d’UC des différentes DIRECCTE pour connaître les chantiers de désamiantage de leurs secteurs et leurs caractéristiques. A partir des données d’empoussièrement d’amiante mesurées sur ses propres techniciens lors de la campagne de détermination des facteurs de protection assignés des appareils de protection respiratoire, l’INRS a procédé à une comparaison de l’exposition des différents intervenants : désamianteurs et préleveurs extérieurs (contrôleurs, organismes accrédités, coordinateurs SST, etc. ). Synthèse de la campagne INRS pour la détermination des facteurs de protection assignés des appareils de protection respiratoire utilisés en chantier de désamiantage. Etude de l’INRS publiée dans HST, en décembre 2015, | La prévention des risques liés à l'amiante
L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée.
et des maladies professionnelles (INRS), du laboratoire d’analyse des particules inhalées (LEPI) et de la branche accidents du travail et maladies professionnelles (CNAMTS). 80 chantiers ont été suivis dans le cadre de ce protocole permettant la réalisation de 300 prélèvements. L’INRS a restitué au ministère chargé du travail, le 22 septembre 2011, un rapport final d’analyses et de préconisations. Enquête sur les chantiers de désamiantage : résultats et enjeux méthodologiquesCette étude, conduite par la DARES à la demande de la DGT, permet d’avoir dans la perspective des évolutions réglementaires à venir une photographie de l’état du désamiantage en France pendant la période concernée. La publication de la DARES présente les résultats de l’enquête menée, auprès d’UC des différentes DIRECCTE pour connaître les chantiers de désamiantage de leurs secteurs et leurs caractéristiques. A partir des données d’empoussièrement d’amiante mesurées sur ses propres techniciens lors de la campagne de détermination des facteurs de protection assignés des appareils de protection respiratoire, l’INRS a procédé à une comparaison de l’exposition des différents intervenants : désamianteurs et préleveurs extérieurs (contrôleurs, organismes accrédités, coordinateurs SST, etc. ). Synthèse de la campagne INRS pour la détermination des facteurs de protection assignés des appareils de protection respiratoire utilisés en chantier de désamiantage. Etude de l’INRS publiée dans HST, en décembre 2015, | 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39323434616364636233353736636132 | article101013 | 45 | La prévention des risques liés à l'amiante | Travail-Emploi | travail-emploi | L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée. | 16/12/2024 | https://travail-emploi.gouv.fr/la-prevention-des-risques-lies-lamiante | [
"Pour aller plus loin"
] | en décembre 2015, relative à l’exposition à l’amiante chrysotile lors de travaux sur chaussées amiantées. | La prévention des risques liés à l'amiante
L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée.
en décembre 2015, relative à l’exposition à l’amiante chrysotile lors de travaux sur chaussées amiantées. | 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65633461313864313733643965636462 | article101094 | 0 | La protection en cas de licenciement | Travail-Emploi | travail-emploi | Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours. | 16/04/2025 | https://travail-emploi.gouv.fr/la-protection-en-cas-de-licenciement | [
"La protection en cas de licenciement"
] | À savoir ! L’autorisation de l’inspecteur du travail doit également être demandée dans certains cas de cessation d’un CDD ou d’un contrat de travail temporaire, de transfert de poste du salarié protégé auprès d’un nouvel employeur et, selon la jurisprudence, avant toute rupture du contrat de travail à l’initiative de l’employeur (par exemple dans le cas d’une mise à la retraite) ou en cas d’adhésion du salarié investi d’un mandat représentatif à un dispositif de préretraite mis en place par l’employeur. Une procédure spécifique doit également être observée en cas de rupture conventionnelle du contrat de travail à durée indéterminée. | La protection en cas de licenciement
Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours.
À savoir ! L’autorisation de l’inspecteur du travail doit également être demandée dans certains cas de cessation d’un CDD ou d’un contrat de travail temporaire, de transfert de poste du salarié protégé auprès d’un nouvel employeur et, selon la jurisprudence, avant toute rupture du contrat de travail à l’initiative de l’employeur (par exemple dans le cas d’une mise à la retraite) ou en cas d’adhésion du salarié investi d’un mandat représentatif à un dispositif de préretraite mis en place par l’employeur. Une procédure spécifique doit également être observée en cas de rupture conventionnelle du contrat de travail à durée indéterminée. | 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33326663663465373439663465386337 | article101094 | 1 | La protection en cas de licenciement | Travail-Emploi | travail-emploi | Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours. | 16/04/2025 | https://travail-emploi.gouv.fr/la-protection-en-cas-de-licenciement | [
"Le licenciement des salariés protégés : les bénéficiaires de la protection en vidéo (Web série droit du travail"
] | Lire la retranscription textuelle Certains salariés bénéficient d'une protection dite exorbitante du droit commun contre le licenciement. En 2022, les services de l'inspection du travail ont rendu plus de 22 000 décisions en matière de licenciement des salariés dits protégés. Mais alors, quels sont les heureux élus de cette protection particulière et qu'advient il lorsque ce principe de protection n'est pas respecté ? C'est ce que nous allons voir. Bonjour, c'est Honorine et aujourd'hui je vais vous présenter le licenciement des salariés protégés, un épisode d'une série consacrée au droit du travail. L'exercice d'un mandat de représentation du personnel peut conduire un salarié à s'exposer particulièrement vis-à-vis de son employeur. C'est pourquoi le législateur a souhaité s'assurer de l'absence de possibilité de mesures de rétorsion de l'employeur en mettant en place une protection exceptionnelle et exorbitante du droit commun. Celle-ci interdit à l'employeur de poursuivre par d'autres moyens que la saisine de l'inspection du travail, la rupture du contrat de travail du salarié investi de fonctions représentatives. Cette protection a été largement consacrée par la jurisprudence. Dans cet épisode, nous allons voir quels sont les salariés concernés par la procédure protectrice et quelles sont les sanctions encourues en cas de non-respect de cette procédure spécifique. Nous verrons dans un autre épisode la procédure à suivre en cas d'engagement d'une procédure de rupture de | La protection en cas de licenciement
Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours.
Lire la retranscription textuelle Certains salariés bénéficient d'une protection dite exorbitante du droit commun contre le licenciement. En 2022, les services de l'inspection du travail ont rendu plus de 22 000 décisions en matière de licenciement des salariés dits protégés. Mais alors, quels sont les heureux élus de cette protection particulière et qu'advient il lorsque ce principe de protection n'est pas respecté ? C'est ce que nous allons voir. Bonjour, c'est Honorine et aujourd'hui je vais vous présenter le licenciement des salariés protégés, un épisode d'une série consacrée au droit du travail. L'exercice d'un mandat de représentation du personnel peut conduire un salarié à s'exposer particulièrement vis-à-vis de son employeur. C'est pourquoi le législateur a souhaité s'assurer de l'absence de possibilité de mesures de rétorsion de l'employeur en mettant en place une protection exceptionnelle et exorbitante du droit commun. Celle-ci interdit à l'employeur de poursuivre par d'autres moyens que la saisine de l'inspection du travail, la rupture du contrat de travail du salarié investi de fonctions représentatives. Cette protection a été largement consacrée par la jurisprudence. Dans cet épisode, nous allons voir quels sont les salariés concernés par la procédure protectrice et quelles sont les sanctions encourues en cas de non-respect de cette procédure spécifique. Nous verrons dans un autre épisode la procédure à suivre en cas d'engagement d'une procédure de rupture de | 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30623164366337613536313230333434 | article101094 | 2 | La protection en cas de licenciement | Travail-Emploi | travail-emploi | Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours. | 16/04/2025 | https://travail-emploi.gouv.fr/la-protection-en-cas-de-licenciement | [
"Le licenciement des salariés protégés : les bénéficiaires de la protection en vidéo (Web série droit du travail"
] | de rupture de contrat de travail d'un salarié protégé. Ce sont les dispositions de l'article L. 2411-1 du Code du travail qui listent les 20 mandats représentatifs qui sont concernés. Cette liste est complétée par les dispositions de l'article L. 2411-2 du même code, qui ajoute des mandats mis en place conventionnellement et qui ouvrent droit à la même protection que les mandats légaux. Ces 20 mandats légaux peuvent se regrouper. Ainsi, on retrouve tout d'abord les mandats de représentation qui sont exercés directement dans l'entreprise. Il est ainsi des mandats de délégué syndical, de membre élu à la délégation du personnel du comité social et économique, de représentant syndical au CSE et de représentant de proximité. Puis on trouve les mandats qui ont une portée plus large que l'entreprise. Ce sont ceux de membre de la délégation du personnel du CSE interentreprise, de membre du groupe spécial de négociation et membre du comité d'entreprise européen. Certains mandats s'exercent également, alors même que l'on n'est pas directement salarié de l'entreprise qui porte l'instance représentative du personnel comme le représentant du personnel d'une entreprise extérieure désigné à la commission santé, sécurité et conditions de travail d'un établissement comprenant au moins une installation classée. C'est ensuite la qualité de membre d'une instance représentant une profession qui va conférer la protection exorbitante du droit commun. À titre d'exemple, on peut citer les membres du | La protection en cas de licenciement
Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours.
de rupture de contrat de travail d'un salarié protégé. Ce sont les dispositions de l'article L. 2411-1 du Code du travail qui listent les 20 mandats représentatifs qui sont concernés. Cette liste est complétée par les dispositions de l'article L. 2411-2 du même code, qui ajoute des mandats mis en place conventionnellement et qui ouvrent droit à la même protection que les mandats légaux. Ces 20 mandats légaux peuvent se regrouper. Ainsi, on retrouve tout d'abord les mandats de représentation qui sont exercés directement dans l'entreprise. Il est ainsi des mandats de délégué syndical, de membre élu à la délégation du personnel du comité social et économique, de représentant syndical au CSE et de représentant de proximité. Puis on trouve les mandats qui ont une portée plus large que l'entreprise. Ce sont ceux de membre de la délégation du personnel du CSE interentreprise, de membre du groupe spécial de négociation et membre du comité d'entreprise européen. Certains mandats s'exercent également, alors même que l'on n'est pas directement salarié de l'entreprise qui porte l'instance représentative du personnel comme le représentant du personnel d'une entreprise extérieure désigné à la commission santé, sécurité et conditions de travail d'un établissement comprenant au moins une installation classée. C'est ensuite la qualité de membre d'une instance représentant une profession qui va conférer la protection exorbitante du droit commun. À titre d'exemple, on peut citer les membres du | 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|
32613130396633636264636138366161 | article101094 | 3 | La protection en cas de licenciement | Travail-Emploi | travail-emploi | Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours. | 16/04/2025 | https://travail-emploi.gouv.fr/la-protection-en-cas-de-licenciement | [
"Le licenciement des salariés protégés : les bénéficiaires de la protection en vidéo (Web série droit du travail"
] | les membres du conseil ou administrateurs d'une caisse de sécurité sociale qui bénéficient de cette protection. Une situation économique particulière propre à l'entreprise peut également justifier l'octroi de la protection, comme celle du représentant des salariés dans les procédures de sauvegarde, redressement ou liquidation judiciaire. Ce souci de protéger le salarié qui s'expose pour la collectivité des salariés se retrouve également dans la protection accordée aux salariés mandatés par une organisation syndicale pour négocier certains accords collectifs. Enfin des missions d'assistance des salariés exercées dans un département ou des fonctions juridictionnelles permettent l'octroi dans la protection comme celle de conseiller du salarié, de conseiller prudhommes et de défenseur syndical ou bien encore les médecins du travail. Pour ces fonctions particulières qui sont par nature extérieures à l'entreprise, le Conseil constitutionnel a posé dans sa décision du 14 mai 2012 le principe d'une connaissance de l'existence du mandat au plus tard au moment de l'entretien préalable à sanction. Ce sont bien évidemment les salariés qui sont en cours d'exercice de ces fonctions qui sont protégés mais aussi parfois les candidats à ces fonctions ou les personnes dont le mandat est échu. Les règles régissant la protection accordée aux candidats à une fonction ou aux anciens titulaires d'une fonction sont différentes pour chaque mandat. Elles sont détaillées aux articles L. 2411-3 à L. | La protection en cas de licenciement
Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours.
les membres du conseil ou administrateurs d'une caisse de sécurité sociale qui bénéficient de cette protection. Une situation économique particulière propre à l'entreprise peut également justifier l'octroi de la protection, comme celle du représentant des salariés dans les procédures de sauvegarde, redressement ou liquidation judiciaire. Ce souci de protéger le salarié qui s'expose pour la collectivité des salariés se retrouve également dans la protection accordée aux salariés mandatés par une organisation syndicale pour négocier certains accords collectifs. Enfin des missions d'assistance des salariés exercées dans un département ou des fonctions juridictionnelles permettent l'octroi dans la protection comme celle de conseiller du salarié, de conseiller prudhommes et de défenseur syndical ou bien encore les médecins du travail. Pour ces fonctions particulières qui sont par nature extérieures à l'entreprise, le Conseil constitutionnel a posé dans sa décision du 14 mai 2012 le principe d'une connaissance de l'existence du mandat au plus tard au moment de l'entretien préalable à sanction. Ce sont bien évidemment les salariés qui sont en cours d'exercice de ces fonctions qui sont protégés mais aussi parfois les candidats à ces fonctions ou les personnes dont le mandat est échu. Les règles régissant la protection accordée aux candidats à une fonction ou aux anciens titulaires d'une fonction sont différentes pour chaque mandat. Elles sont détaillées aux articles L. 2411-3 à L. | 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38343337643163353437313339353161 | article101094 | 4 | La protection en cas de licenciement | Travail-Emploi | travail-emploi | Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours. | 16/04/2025 | https://travail-emploi.gouv.fr/la-protection-en-cas-de-licenciement | [
"Le licenciement des salariés protégés : les bénéficiaires de la protection en vidéo (Web série droit du travail"
] | L. 2411-3 à L. 2412-16 du Code du travail. Ainsi, par exemple, les candidats aux fonctions de membre du CSE sont protégés pendant six mois à compter de la date d'envoi ou d'affichage de la liste des candidatures, ou lorsqu'il est démontré que l'employeur qui a engagé une procédure de rupture du contrat de travail connaissait l'imminence de la déclaration de candidature d'un salarié. Cette durée de protection est réduite à trois mois s'agissant des représentants des salariés, des sociétés anonymes et des sociétés en commandite par action. La protection accordée aux anciens titulaires de mandats et généralement de six mois à compter de l'expiration de leur mandat ou du renouvellement de leur instance. Toutefois, une telle protection n'est pas toujours prévue. Par exemple, un salarié ayant exercé la fonction de représentant syndical au CSE ne bénéficie d'une protection que pendant son mandat, pas après celui-ci. L'ancien délégué syndical et l'ancien salarié mandaté sont protégés pendant douze mois à compter de la fin de leur mandat. Notons toutefois que pour le délégué syndical, il est nécessaire qu'il ait exercé sa mission pendant au moins un an pour qu'il bénéficie de cette protection. On le voit, le législateur a donc pris un soin particulier à définir très précisément les salariés dont la rupture du contrat de travail est soumise à l'autorisation de l'inspection du travail. Je vous propose maintenant un zoom sur les sanctions applicables en cas de non-respect de la | La protection en cas de licenciement
Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours.
L. 2411-3 à L. 2412-16 du Code du travail. Ainsi, par exemple, les candidats aux fonctions de membre du CSE sont protégés pendant six mois à compter de la date d'envoi ou d'affichage de la liste des candidatures, ou lorsqu'il est démontré que l'employeur qui a engagé une procédure de rupture du contrat de travail connaissait l'imminence de la déclaration de candidature d'un salarié. Cette durée de protection est réduite à trois mois s'agissant des représentants des salariés, des sociétés anonymes et des sociétés en commandite par action. La protection accordée aux anciens titulaires de mandats et généralement de six mois à compter de l'expiration de leur mandat ou du renouvellement de leur instance. Toutefois, une telle protection n'est pas toujours prévue. Par exemple, un salarié ayant exercé la fonction de représentant syndical au CSE ne bénéficie d'une protection que pendant son mandat, pas après celui-ci. L'ancien délégué syndical et l'ancien salarié mandaté sont protégés pendant douze mois à compter de la fin de leur mandat. Notons toutefois que pour le délégué syndical, il est nécessaire qu'il ait exercé sa mission pendant au moins un an pour qu'il bénéficie de cette protection. On le voit, le législateur a donc pris un soin particulier à définir très précisément les salariés dont la rupture du contrat de travail est soumise à l'autorisation de l'inspection du travail. Je vous propose maintenant un zoom sur les sanctions applicables en cas de non-respect de la | 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61323566353461333766613936306564 | article101094 | 5 | La protection en cas de licenciement | Travail-Emploi | travail-emploi | Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours. | 16/04/2025 | https://travail-emploi.gouv.fr/la-protection-en-cas-de-licenciement | [
"Le licenciement des salariés protégés : les bénéficiaires de la protection en vidéo (Web série droit du travail"
] | non-respect de la protection exorbitante du droit commun. La jurisprudence a consacré le droit à réintégration du salarié bénéficiaire de la protection exorbitante du droit commun, dont le contrat de travail serait rompu sans autorisation de l'inspection du travail. Cette rupture sans autorisation constitue en effet un trouble manifestement illicite auquel le salarié peut mettre fin en saisissant directement le conseil des prud’hommes en la formation des référés pour demander sa réintégration immédiate. Le salarié doit alors être réintégré sur le poste et dans l'emploi qu'il occupait avant la rupture illicite de son contrat de travail. Cette réintégration doit être pleine et effective, c'est-à-dire que le salarié doit retrouver l'intégralité de ses tâches. Lorsque le poste du salarié n'existe plus ou n'est pas vacant, et uniquement si l'employeur le justifie, le salarié peut se voir proposer un poste équivalent. Cette proposition doit viser un poste de même niveau de rémunération, avec les mêmes qualifications et les mêmes perspectives de carrière que l'ancien poste du salarié protégé. Il doit bien évidemment se trouver dans le même secteur géographique. Les caractéristiques de ce nouveau poste doivent permettre l'exercice du mandat représentatif détenu par le salarié. Alors, le salarié ayant demandé sa réintégration a droit au versement d'une indemnité qui correspond au salaire qu'il aurait perçu entre la date de la rupture illégale de son contrat de travail et la date de | La protection en cas de licenciement
Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours.
non-respect de la protection exorbitante du droit commun. La jurisprudence a consacré le droit à réintégration du salarié bénéficiaire de la protection exorbitante du droit commun, dont le contrat de travail serait rompu sans autorisation de l'inspection du travail. Cette rupture sans autorisation constitue en effet un trouble manifestement illicite auquel le salarié peut mettre fin en saisissant directement le conseil des prud’hommes en la formation des référés pour demander sa réintégration immédiate. Le salarié doit alors être réintégré sur le poste et dans l'emploi qu'il occupait avant la rupture illicite de son contrat de travail. Cette réintégration doit être pleine et effective, c'est-à-dire que le salarié doit retrouver l'intégralité de ses tâches. Lorsque le poste du salarié n'existe plus ou n'est pas vacant, et uniquement si l'employeur le justifie, le salarié peut se voir proposer un poste équivalent. Cette proposition doit viser un poste de même niveau de rémunération, avec les mêmes qualifications et les mêmes perspectives de carrière que l'ancien poste du salarié protégé. Il doit bien évidemment se trouver dans le même secteur géographique. Les caractéristiques de ce nouveau poste doivent permettre l'exercice du mandat représentatif détenu par le salarié. Alors, le salarié ayant demandé sa réintégration a droit au versement d'une indemnité qui correspond au salaire qu'il aurait perçu entre la date de la rupture illégale de son contrat de travail et la date de | 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32366432303031356538363838333366 | article101094 | 6 | La protection en cas de licenciement | Travail-Emploi | travail-emploi | Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours. | 16/04/2025 | https://travail-emploi.gouv.fr/la-protection-en-cas-de-licenciement | [
"Le licenciement des salariés protégés : les bénéficiaires de la protection en vidéo (Web série droit du travail"
] | et la date de sa réintégration. Le salarié qui ne demande pas sa réintégration bénéficie, lui, d'une indemnité qui vient compenser la violation de son statut protecteur. Le montant de cette indemnité est défini par le juge du fond et pour les représentants du personnel élus, il couvre les salaires que le salarié aurait perçus jusqu'à la fin de son mandat, plus la période de protection comme ancien élu. Pour le délégué syndical et le représentant de section syndicale, cette indemnité est de douze mois de salaire forfaitaire. Alors, à côté de l'indemnisation et du droit à réintégration, la rupture du contrat de travail de ces salariés protégés sans autorisation de l'inspecteur du travail est aussi punie pénalement d'un emprisonnement d'un an et d'une amende de 3 750 €. Nous arrivons au terme de cette vidéo et il y a donc trois points principaux à retenir. Tout d'abord, il existe 20 mandats spécifiques ouvrant droit à la protection exorbitante du droit commun de la rupture des contrats de travail. Ensuite, cette protection s'étend parfois et selon les mandats, aux anciens titulaires et aux candidats à ces mandats. Enfin, la violation de l'obligation de saisir l'inspecteur du travail préalablement à la rupture de ces contrats de travail est punissable pénalement et ouvre droit à réintégration et à une indemnisation.En savoir plus sur la web série « Droit du travail »Quels sont les salariés protégés ? Tout salarié candidat lors d'une élection professionnelle, titulaire ou ancien | La protection en cas de licenciement
Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours.
et la date de sa réintégration. Le salarié qui ne demande pas sa réintégration bénéficie, lui, d'une indemnité qui vient compenser la violation de son statut protecteur. Le montant de cette indemnité est défini par le juge du fond et pour les représentants du personnel élus, il couvre les salaires que le salarié aurait perçus jusqu'à la fin de son mandat, plus la période de protection comme ancien élu. Pour le délégué syndical et le représentant de section syndicale, cette indemnité est de douze mois de salaire forfaitaire. Alors, à côté de l'indemnisation et du droit à réintégration, la rupture du contrat de travail de ces salariés protégés sans autorisation de l'inspecteur du travail est aussi punie pénalement d'un emprisonnement d'un an et d'une amende de 3 750 €. Nous arrivons au terme de cette vidéo et il y a donc trois points principaux à retenir. Tout d'abord, il existe 20 mandats spécifiques ouvrant droit à la protection exorbitante du droit commun de la rupture des contrats de travail. Ensuite, cette protection s'étend parfois et selon les mandats, aux anciens titulaires et aux candidats à ces mandats. Enfin, la violation de l'obligation de saisir l'inspecteur du travail préalablement à la rupture de ces contrats de travail est punissable pénalement et ouvre droit à réintégration et à une indemnisation.En savoir plus sur la web série « Droit du travail »Quels sont les salariés protégés ? Tout salarié candidat lors d'une élection professionnelle, titulaire ou ancien | 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66303636323733623436623738346562 | article101094 | 7 | La protection en cas de licenciement | Travail-Emploi | travail-emploi | Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours. | 16/04/2025 | https://travail-emploi.gouv.fr/la-protection-en-cas-de-licenciement | [
"Le licenciement des salariés protégés : les bénéficiaires de la protection en vidéo (Web série droit du travail"
] | titulaire ou ancien titulaire d'un mandat de représentant du personnel (délégué syndical, représentant de la section syndicale désigné conformément à l'article L. 2142-1-1 du Code du travail, titulaires ou suppléants d'un mandat de membre élu à la délégation du personnel du « comité social et économique » ...) ou exerçant certains mandats ou certaines fonctions extérieurs à l'entreprise (par exemple, le conseiller ou l'ancien conseiller prud'homme, le conseiller du salarié, le membre ou l'ancien membre de la commission paritaire régionale interprofessionnelle ou encore le défenseur syndical mentionné à l'article L. 1453-4 du Code du travail) bénéficie d'une protection contre la rupture de son contrat de travail. Bénéficient également de la protection contre le licenciement, le représentant de proximité, institués par convention ou accord collectif de travail. L'autorisation de l'inspecteur du travail doit également être demandée dans certains cas de cessation d'un CDD ou d'un contrat de travail temporaire, de transfert de poste du salarié protégé auprès d'un nouvel employeur et, selon la jurisprudence, avant toute rupture du contrat de travail à l'initiative de l'employeur (par exemple dans le cas d'une mise à la retraite) ou en cas d'adhésion du salarié investi d'un mandat représentatif à un dispositif de préretraite mis en place par l'employeur. Une procédure spécifique doit également être observée en cas de rupture conventionnelle du contrat de travail à durée | La protection en cas de licenciement
Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours.
titulaire ou ancien titulaire d'un mandat de représentant du personnel (délégué syndical, représentant de la section syndicale désigné conformément à l'article L. 2142-1-1 du Code du travail, titulaires ou suppléants d'un mandat de membre élu à la délégation du personnel du « comité social et économique » ...) ou exerçant certains mandats ou certaines fonctions extérieurs à l'entreprise (par exemple, le conseiller ou l'ancien conseiller prud'homme, le conseiller du salarié, le membre ou l'ancien membre de la commission paritaire régionale interprofessionnelle ou encore le défenseur syndical mentionné à l'article L. 1453-4 du Code du travail) bénéficie d'une protection contre la rupture de son contrat de travail. Bénéficient également de la protection contre le licenciement, le représentant de proximité, institués par convention ou accord collectif de travail. L'autorisation de l'inspecteur du travail doit également être demandée dans certains cas de cessation d'un CDD ou d'un contrat de travail temporaire, de transfert de poste du salarié protégé auprès d'un nouvel employeur et, selon la jurisprudence, avant toute rupture du contrat de travail à l'initiative de l'employeur (par exemple dans le cas d'une mise à la retraite) ou en cas d'adhésion du salarié investi d'un mandat représentatif à un dispositif de préretraite mis en place par l'employeur. Une procédure spécifique doit également être observée en cas de rupture conventionnelle du contrat de travail à durée | 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32323237343334623031663162323132 | article101094 | 8 | La protection en cas de licenciement | Travail-Emploi | travail-emploi | Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours. | 16/04/2025 | https://travail-emploi.gouv.fr/la-protection-en-cas-de-licenciement | [
"Le licenciement des salariés protégés : les bénéficiaires de la protection en vidéo (Web série droit du travail"
] | de travail à durée indéterminée. Lorsqu'elle concerne un membre (titulaire ou suppléant) de la délégation élue du personnel du CSE (ou du conseil d'entreprise), un représentant syndical au CSE ou un représentant de proximité mentionné à l'article L. 2313-7 du Code du travail, la demande d'autorisation de rupture du contrat de travail auprès de l'inspecteur du travail doit être précédée de la consultation du CSE. Comme l'a précisé le Conseil d'État dans un avis rendu le 29 décembre 2021, publié au JO du 9 janvier 2022, cette consultation obligatoire du CSE ne concerne que les entreprises comptant au moins 50 salariés et n'a pas lieu d'être dans celles comptant entre 11 et 49 salariés, sauf si elle est prévue par un accord collectif conclu en application de l'article L. 2312-4 du Code du travail. Pour une présentation détaillée des règles applicables, on pourra utilement se reporter au guide élaboré par le ministère du Travail. La liste légale des salariés bénéficiant de la protection est précisément énumérée :Par les articles L. 2411-1 à L. 2422 du Code du travail pour le licenciement ;Par les articles L. 2412-1 à L. 2412-13 du Code du travail pour la rupture ou le non-renouvellement du contrat à durée déterminée ;Par l'article L. 2413-1 du Code du travail pour l'interruption ou le non-renouvellement d'une mission de travail temporaire ;Par l'article L. 2414-1 du Code du travail pour le transfert partiel d'entreprise ou d'établissement ;Par l'article L. 1237-15 du Code du | La protection en cas de licenciement
Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours.
de travail à durée indéterminée. Lorsqu'elle concerne un membre (titulaire ou suppléant) de la délégation élue du personnel du CSE (ou du conseil d'entreprise), un représentant syndical au CSE ou un représentant de proximité mentionné à l'article L. 2313-7 du Code du travail, la demande d'autorisation de rupture du contrat de travail auprès de l'inspecteur du travail doit être précédée de la consultation du CSE. Comme l'a précisé le Conseil d'État dans un avis rendu le 29 décembre 2021, publié au JO du 9 janvier 2022, cette consultation obligatoire du CSE ne concerne que les entreprises comptant au moins 50 salariés et n'a pas lieu d'être dans celles comptant entre 11 et 49 salariés, sauf si elle est prévue par un accord collectif conclu en application de l'article L. 2312-4 du Code du travail. Pour une présentation détaillée des règles applicables, on pourra utilement se reporter au guide élaboré par le ministère du Travail. La liste légale des salariés bénéficiant de la protection est précisément énumérée :Par les articles L. 2411-1 à L. 2422 du Code du travail pour le licenciement ;Par les articles L. 2412-1 à L. 2412-13 du Code du travail pour la rupture ou le non-renouvellement du contrat à durée déterminée ;Par l'article L. 2413-1 du Code du travail pour l'interruption ou le non-renouvellement d'une mission de travail temporaire ;Par l'article L. 2414-1 du Code du travail pour le transfert partiel d'entreprise ou d'établissement ;Par l'article L. 1237-15 du Code du | 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62306633336461653939343433333662 | article101094 | 9 | La protection en cas de licenciement | Travail-Emploi | travail-emploi | Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours. | 16/04/2025 | https://travail-emploi.gouv.fr/la-protection-en-cas-de-licenciement | [
"Le licenciement des salariés protégés : les bénéficiaires de la protection en vidéo (Web série droit du travail"
] | 1237-15 du Code du travail pour la rupture conventionnelle du contrat de travail à durée indéterminée. Le médecin du travail bénéficie également d'une protection spécifique, notamment en cas de rupture de son CDI par licenciement ou dans le cadre de la procédure de rupture conventionnelle (individuelle ou collective), ou de rupture ou de non-renouvellement de son CDD. Cette protection s'applique dans les conditions fixées par les articles L. 4623-4 et suivants du Code du travail,Les salariés « protégés » peuvent bénéficier des dispositions de l'accord portant rupture conventionnelle collective. Toutefois, dans une telle situation, la rupture d'un commun accord de leur contrat de travail sera soumise à l'autorisation de l'inspecteur du travail dans les conditions prévues par le Code du travail et la rupture du contrat de travail ne pourra intervenir que le lendemain du jour de cette autorisation. Certains salariés bénéficient d'une protection au titre d'un mandat extérieur à l'entreprise, dont l'existence peut ne pas être connue de l'employeur (ex. : membre du conseil ou administrateur d'une caisse de sécurité sociale mentionné à l'article L. 231-11 du Code de la sécurité sociale, membre du conseil d'administration d'une mutuelle, union ou fédération mentionné à l'article L. 114-24 du Code de la mutualité). Saisi d'une question prioritaire de constitutionnalité, le Conseil constitutionnel a, dans sa décision n° 2012-242 du 14 mai 2012 à laquelle on se reportera, apporté la | La protection en cas de licenciement
Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours.
1237-15 du Code du travail pour la rupture conventionnelle du contrat de travail à durée indéterminée. Le médecin du travail bénéficie également d'une protection spécifique, notamment en cas de rupture de son CDI par licenciement ou dans le cadre de la procédure de rupture conventionnelle (individuelle ou collective), ou de rupture ou de non-renouvellement de son CDD. Cette protection s'applique dans les conditions fixées par les articles L. 4623-4 et suivants du Code du travail,Les salariés « protégés » peuvent bénéficier des dispositions de l'accord portant rupture conventionnelle collective. Toutefois, dans une telle situation, la rupture d'un commun accord de leur contrat de travail sera soumise à l'autorisation de l'inspecteur du travail dans les conditions prévues par le Code du travail et la rupture du contrat de travail ne pourra intervenir que le lendemain du jour de cette autorisation. Certains salariés bénéficient d'une protection au titre d'un mandat extérieur à l'entreprise, dont l'existence peut ne pas être connue de l'employeur (ex. : membre du conseil ou administrateur d'une caisse de sécurité sociale mentionné à l'article L. 231-11 du Code de la sécurité sociale, membre du conseil d'administration d'une mutuelle, union ou fédération mentionné à l'article L. 114-24 du Code de la mutualité). Saisi d'une question prioritaire de constitutionnalité, le Conseil constitutionnel a, dans sa décision n° 2012-242 du 14 mai 2012 à laquelle on se reportera, apporté la | 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38343532356239373361623634623563 | article101094 | 10 | La protection en cas de licenciement | Travail-Emploi | travail-emploi | Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours. | 16/04/2025 | https://travail-emploi.gouv.fr/la-protection-en-cas-de-licenciement | [
"Le licenciement des salariés protégés : les bénéficiaires de la protection en vidéo (Web série droit du travail"
] | apporté la précision suivante : « Considérant que la protection assurée au salarié par les dispositions contestées découle de l'exercice d'un mandat extérieur à l'entreprise ; que, par suite, ces dispositions ne sauraient, sans porter une atteinte disproportionnée à la liberté d'entreprendre et à la liberté contractuelle, permettre au salarié protégé de se prévaloir d'une telle protection dès lors qu'il est établi qu'il n'en a pas informé son employeur au plus tard lors de l'entretien préalable au licenciement ; que, sous cette réserve, le 13° de l'article L. 2411-1 du Code du travail et les articles L. 2411-3 et L. 2411-18 du même code ne sont pas contraires à la liberté d'entreprendre ». Le principe selon lequel, sauf dispositions expresses contraires, la recodification du Code du travail est intervenue, en 2008, à droit constant doit être appliqué au champ des bénéficiaires de la protection : il y a donc lieu de retenir le champ tel que défini par l'ancien Code du travail, dans l'hypothèse où le bénéfice de la protection pour un mandat n'aurait pas été explicitement repris dans le nouveau Code du travail (en ce sens, pour la protection du conseiller du salarié, arrêt de la Cour de cassation du 27 janvier 2010 et, pour la protection d'un ancien conseiller prud'homme, arrêt de la Cour de cassation du 13 mars 2012). De même, les dispositions de l'article 2 de l'ordonnance n° 2017-1386 du 22 septembre 2017 doivent être regardées comme intervenues à droit constant en | La protection en cas de licenciement
Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours.
apporté la précision suivante : « Considérant que la protection assurée au salarié par les dispositions contestées découle de l'exercice d'un mandat extérieur à l'entreprise ; que, par suite, ces dispositions ne sauraient, sans porter une atteinte disproportionnée à la liberté d'entreprendre et à la liberté contractuelle, permettre au salarié protégé de se prévaloir d'une telle protection dès lors qu'il est établi qu'il n'en a pas informé son employeur au plus tard lors de l'entretien préalable au licenciement ; que, sous cette réserve, le 13° de l'article L. 2411-1 du Code du travail et les articles L. 2411-3 et L. 2411-18 du même code ne sont pas contraires à la liberté d'entreprendre ». Le principe selon lequel, sauf dispositions expresses contraires, la recodification du Code du travail est intervenue, en 2008, à droit constant doit être appliqué au champ des bénéficiaires de la protection : il y a donc lieu de retenir le champ tel que défini par l'ancien Code du travail, dans l'hypothèse où le bénéfice de la protection pour un mandat n'aurait pas été explicitement repris dans le nouveau Code du travail (en ce sens, pour la protection du conseiller du salarié, arrêt de la Cour de cassation du 27 janvier 2010 et, pour la protection d'un ancien conseiller prud'homme, arrêt de la Cour de cassation du 13 mars 2012). De même, les dispositions de l'article 2 de l'ordonnance n° 2017-1386 du 22 septembre 2017 doivent être regardées comme intervenues à droit constant en | 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61653164656232313231323162303132 | article101094 | 11 | La protection en cas de licenciement | Travail-Emploi | travail-emploi | Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours. | 16/04/2025 | https://travail-emploi.gouv.fr/la-protection-en-cas-de-licenciement | [
"Le licenciement des salariés protégés : les bénéficiaires de la protection en vidéo (Web série droit du travail"
] | à droit constant en l'absence de dispositions expresses de sens contraire. De ce fait, par exemple, les conseillers du salarié bénéficient, après la fin de leur mandat, de la protection dans les mêmes conditions que les délégués syndicaux. Dans une affaire concernant la protection contre le licenciement d'un conseiller du salarié, la cour de cassation, dans un arrêt du 29 mai 2024 précise que le salarié protégé n'est pas en droit de se prévaloir de la protection résultant d'un mandat extérieur à l'entreprise (ce qui est le cas du mandat de conseiller du salarié) lorsqu'il est établi qu'il n'en a pas informé son employeur au plus tard lors de l'entretien préalable au licenciement, sauf à prouver que l'employeur en avait connaissance, celle-ci ne pouvant résulter du seul fait qu'il avait assisté un salarié de l'entreprise lors de l'entretien préalable au licenciement de ce dernier. Quelle est la durée d'application du statut protecteur ? La protection contre le licenciement s'applique pendant toute la durée du mandat, quel qu'il soit, et également :Pour une durée de six moisLes anciens élus du comité d'entreprise et les anciens représentants syndicaux auprès du comité d'entreprise ayant exercé leur mandat pendant au moins 2 ans ;Les anciens membres élus de la délégation du personnel du comité social et économique (CSE) ainsi que les anciens représentants syndicaux ayant exercé leur mandat pendant au moins 2 ans ;Les anciens membres de la délégation du personnel du CSE | La protection en cas de licenciement
Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours.
à droit constant en l'absence de dispositions expresses de sens contraire. De ce fait, par exemple, les conseillers du salarié bénéficient, après la fin de leur mandat, de la protection dans les mêmes conditions que les délégués syndicaux. Dans une affaire concernant la protection contre le licenciement d'un conseiller du salarié, la cour de cassation, dans un arrêt du 29 mai 2024 précise que le salarié protégé n'est pas en droit de se prévaloir de la protection résultant d'un mandat extérieur à l'entreprise (ce qui est le cas du mandat de conseiller du salarié) lorsqu'il est établi qu'il n'en a pas informé son employeur au plus tard lors de l'entretien préalable au licenciement, sauf à prouver que l'employeur en avait connaissance, celle-ci ne pouvant résulter du seul fait qu'il avait assisté un salarié de l'entreprise lors de l'entretien préalable au licenciement de ce dernier. Quelle est la durée d'application du statut protecteur ? La protection contre le licenciement s'applique pendant toute la durée du mandat, quel qu'il soit, et également :Pour une durée de six moisLes anciens élus du comité d'entreprise et les anciens représentants syndicaux auprès du comité d'entreprise ayant exercé leur mandat pendant au moins 2 ans ;Les anciens membres élus de la délégation du personnel du comité social et économique (CSE) ainsi que les anciens représentants syndicaux ayant exercé leur mandat pendant au moins 2 ans ;Les anciens membres de la délégation du personnel du CSE | 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|
33303361316664613061626436633866 | article101094 | 12 | La protection en cas de licenciement | Travail-Emploi | travail-emploi | Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours. | 16/04/2025 | https://travail-emploi.gouv.fr/la-protection-en-cas-de-licenciement | [
"Le licenciement des salariés protégés : les bénéficiaires de la protection en vidéo (Web série droit du travail"
] | du personnel du CSE interentreprises ;Les anciens représentants de proximité ;Le salarié ayant siégé au CHS-CT en qualité de représentant du personnel ;Le représentant du personnel d'une entreprise extérieure désigné au CHS-CT ou à la commission santé, sécurité et conditions de travail (CSSCT) du CSE d'un établissement comprenant au moins une installation classée ;Le salarié ayant siégé en qualité de représentant du personnel dans une commission paritaire d'hygiène, de sécurité et des conditions de travail en agriculture ;L'ancien représentant des salariés au conseil d'administration ou de surveillance des entreprises du secteur public et le candidat et l'ancien candidat à l'élection comme représentant des salariés (pendant les 3 mois suivant le dépôt des candidatures) ;Les candidats aux fonctions de membre élu de la délégation du personnel au comité social et économique (CSE). La durée de six mois court à partir de l'envoi par lettre recommandée de la candidature à l'employeur. A noter qu’en cas d’annulation de la candidature, la protection cesse à la date à laquelle le jugement, se prononçant sur une contestation électorale, annule la candidature, peu important les motifs de l'annulation de celle-ci (arrêt de la Cour de cassation du 22 janvier 2025) ;Les candidats aux fonctions de représentant de proximité, à partir du dépôt de leur candidature ;Le candidat aux fonctions de représentant du personnel d'une entreprise extérieure à la commission santé, sécurité et conditions | La protection en cas de licenciement
Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours.
du personnel du CSE interentreprises ;Les anciens représentants de proximité ;Le salarié ayant siégé au CHS-CT en qualité de représentant du personnel ;Le représentant du personnel d'une entreprise extérieure désigné au CHS-CT ou à la commission santé, sécurité et conditions de travail (CSSCT) du CSE d'un établissement comprenant au moins une installation classée ;Le salarié ayant siégé en qualité de représentant du personnel dans une commission paritaire d'hygiène, de sécurité et des conditions de travail en agriculture ;L'ancien représentant des salariés au conseil d'administration ou de surveillance des entreprises du secteur public et le candidat et l'ancien candidat à l'élection comme représentant des salariés (pendant les 3 mois suivant le dépôt des candidatures) ;Les candidats aux fonctions de membre élu de la délégation du personnel au comité social et économique (CSE). La durée de six mois court à partir de l'envoi par lettre recommandée de la candidature à l'employeur. A noter qu’en cas d’annulation de la candidature, la protection cesse à la date à laquelle le jugement, se prononçant sur une contestation électorale, annule la candidature, peu important les motifs de l'annulation de celle-ci (arrêt de la Cour de cassation du 22 janvier 2025) ;Les candidats aux fonctions de représentant de proximité, à partir du dépôt de leur candidature ;Le candidat aux fonctions de représentant du personnel d'une entreprise extérieure à la commission santé, sécurité et conditions | 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65366231343937643337613733643937 | article101094 | 13 | La protection en cas de licenciement | Travail-Emploi | travail-emploi | Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours. | 16/04/2025 | https://travail-emploi.gouv.fr/la-protection-en-cas-de-licenciement | [
"Le licenciement des salariés protégés : les bénéficiaires de la protection en vidéo (Web série droit du travail"
] | et conditions de travail, à partir du dépôt de sa candidature ;Les candidats aux fonctions de membre de la délégation du personnel du CSE interentreprises, à partir du dépôt de leur candidature ;Le premier salarié qui a demandé à l'employeur d'organiser les élections ou d'accepter de les organiser, si son initiative est confirmée par une organisation syndicale. Pour mémoire, bénéficiaient également de cette protection les candidats aux élections de délégués du personnel, dès réception de leur candidature par l'employeur ainsi que les candidats non élus aux dernières élections du comité d'entreprise, dès l'envoi des listes de candidatures à l'employeur. Pour une durée de douze moisLes anciens délégués syndicaux, les anciens représentants de la section syndicale désignés conformément à l'article L. 2142-1-1 du Code du travail et les anciens conseillers du salarié, ayant exercé leur fonction durant au moins un an. Les anciens salariés mandatés au titre, selon le cas, de l'article L. 2232-24 du Code du travail ou des articles L. 2232-23-1 et L. 2232-26 du même code. En cas de faute grave, l'employeur peut prononcer, à titre provisoire, une mise à pied immédiate de l'intéressé. Lorsqu'elle concerne un délégué syndical, un salarié mandaté, un conseiller du salarié, un représentant de la section syndicale, un membre de la délégation du personnel au comité social et économique (CSE) interentreprises ou un des autres salariés mentionnés à l'article L. 2421-2 du Code du travail, | La protection en cas de licenciement
Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours.
et conditions de travail, à partir du dépôt de sa candidature ;Les candidats aux fonctions de membre de la délégation du personnel du CSE interentreprises, à partir du dépôt de leur candidature ;Le premier salarié qui a demandé à l'employeur d'organiser les élections ou d'accepter de les organiser, si son initiative est confirmée par une organisation syndicale. Pour mémoire, bénéficiaient également de cette protection les candidats aux élections de délégués du personnel, dès réception de leur candidature par l'employeur ainsi que les candidats non élus aux dernières élections du comité d'entreprise, dès l'envoi des listes de candidatures à l'employeur. Pour une durée de douze moisLes anciens délégués syndicaux, les anciens représentants de la section syndicale désignés conformément à l'article L. 2142-1-1 du Code du travail et les anciens conseillers du salarié, ayant exercé leur fonction durant au moins un an. Les anciens salariés mandatés au titre, selon le cas, de l'article L. 2232-24 du Code du travail ou des articles L. 2232-23-1 et L. 2232-26 du même code. En cas de faute grave, l'employeur peut prononcer, à titre provisoire, une mise à pied immédiate de l'intéressé. Lorsqu'elle concerne un délégué syndical, un salarié mandaté, un conseiller du salarié, un représentant de la section syndicale, un membre de la délégation du personnel au comité social et économique (CSE) interentreprises ou un des autres salariés mentionnés à l'article L. 2421-2 du Code du travail, | 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62343764353061663565666332623566 | article101094 | 14 | La protection en cas de licenciement | Travail-Emploi | travail-emploi | Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours. | 16/04/2025 | https://travail-emploi.gouv.fr/la-protection-en-cas-de-licenciement | [
"Le licenciement des salariés protégés : les bénéficiaires de la protection en vidéo (Web série droit du travail"
] | du Code du travail, cette décision est, à peine de nullité, motivée et notifiée à l'inspecteur du travail dans le délai de 48 heures à compter de sa prise d'effet. Si le licenciement est refusé par l'inspecteur du travail, la mise à pied est annulée et ses effets supprimés. Quels sont les moyens de recours ? La procédure applicable en fonction du salarié protégé (délégué syndical, représentant élu du personnel, etc. ) dont le licenciement est envisagé figure aux articles L. 2421-1 à L. 2422-4 du Code du travail. La décision de l'inspecteur du travail peut, dans un délai de deux mois, faire l'objet :D'un recours hiérarchique auprès du ministre du Travail ;D'un recours contentieux devant le tribunal administratif dont dépend l'entreprise ou l'établissement. Le recours n'est pas suspensif : la décision de l'inspecteur du travail s'applique jusqu'au rendu de décision du Ministre ou du tribunal. Ainsi, en cas d'autorisation du licenciement par l'inspecteur du travail, l'employeur peut prononcer le licenciement, sans attendre les suites du recours ; il prend, toutefois, le risque de devoir réintégrer le salarié si cette autorisation est annulée. Si l'autorisation de licenciement est annulée, le salarié (et lui seul) peut, dans un délai de deux mois à compter de la notification de la décision d'annulation ou de retrait de l'autorisation de licenciement, demander à être réintégré dans l'entreprise, à son emploi antérieur ou un poste équivalent. Cette disposition s'applique aux | La protection en cas de licenciement
Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours.
du Code du travail, cette décision est, à peine de nullité, motivée et notifiée à l'inspecteur du travail dans le délai de 48 heures à compter de sa prise d'effet. Si le licenciement est refusé par l'inspecteur du travail, la mise à pied est annulée et ses effets supprimés. Quels sont les moyens de recours ? La procédure applicable en fonction du salarié protégé (délégué syndical, représentant élu du personnel, etc. ) dont le licenciement est envisagé figure aux articles L. 2421-1 à L. 2422-4 du Code du travail. La décision de l'inspecteur du travail peut, dans un délai de deux mois, faire l'objet :D'un recours hiérarchique auprès du ministre du Travail ;D'un recours contentieux devant le tribunal administratif dont dépend l'entreprise ou l'établissement. Le recours n'est pas suspensif : la décision de l'inspecteur du travail s'applique jusqu'au rendu de décision du Ministre ou du tribunal. Ainsi, en cas d'autorisation du licenciement par l'inspecteur du travail, l'employeur peut prononcer le licenciement, sans attendre les suites du recours ; il prend, toutefois, le risque de devoir réintégrer le salarié si cette autorisation est annulée. Si l'autorisation de licenciement est annulée, le salarié (et lui seul) peut, dans un délai de deux mois à compter de la notification de la décision d'annulation ou de retrait de l'autorisation de licenciement, demander à être réintégré dans l'entreprise, à son emploi antérieur ou un poste équivalent. Cette disposition s'applique aux | 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61633165616238393031633634313532 | article101094 | 15 | La protection en cas de licenciement | Travail-Emploi | travail-emploi | Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours. | 16/04/2025 | https://travail-emploi.gouv.fr/la-protection-en-cas-de-licenciement | [
"Le licenciement des salariés protégés : les bénéficiaires de la protection en vidéo (Web série droit du travail"
] | s'applique aux salariés investis d'un des mandats énumérés par par l'article L. 2422-1 du Code du travail. Le salarié investi d'un des mandats mentionnés à ce même article a droit au paiement d'une indemnité correspondant à la totalité du préjudice subi au cours de la période écoulée entre son licenciement et sa réintégration, s'il en a formulé la demande dans le délai de deux mois à compter de la notification de la décision. Cette indemnité correspond à la totalité du préjudice subi au cours de la période écoulée entre son licenciement et l'expiration du délai de deux mois s'il n'a pas demandé sa réintégration. Si le refus d'autorisation est annulé par le tribunal administratif, l'employeur doit procéder à une nouvelle demande d'autorisation auprès de l'inspecteur du travail qui rendra sa décision compte tenu de la décision du tribunal et/ou de l'évolution des faits. Si le refus d'autorisation est annulé par le ministre, ce dernier se prononce alors sur la demande d'autorisation et statue en fonction des éléments de droit et de fait existant à la date de sa propre décision. Toutefois, dans le cas où le salarié concerné par la demande d'autorisation de licenciement cesse de bénéficier de la protection prévue par le Code du travail, postérieurement à la décision de l'inspecteur du travail, le ministre n'a plus compétence, après avoir annulé cette décision, pour refuser ou accorder l'autorisation sollicitée. Pour une présentation détaillée des règles applicables, on peut se | La protection en cas de licenciement
Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours.
s'applique aux salariés investis d'un des mandats énumérés par par l'article L. 2422-1 du Code du travail. Le salarié investi d'un des mandats mentionnés à ce même article a droit au paiement d'une indemnité correspondant à la totalité du préjudice subi au cours de la période écoulée entre son licenciement et sa réintégration, s'il en a formulé la demande dans le délai de deux mois à compter de la notification de la décision. Cette indemnité correspond à la totalité du préjudice subi au cours de la période écoulée entre son licenciement et l'expiration du délai de deux mois s'il n'a pas demandé sa réintégration. Si le refus d'autorisation est annulé par le tribunal administratif, l'employeur doit procéder à une nouvelle demande d'autorisation auprès de l'inspecteur du travail qui rendra sa décision compte tenu de la décision du tribunal et/ou de l'évolution des faits. Si le refus d'autorisation est annulé par le ministre, ce dernier se prononce alors sur la demande d'autorisation et statue en fonction des éléments de droit et de fait existant à la date de sa propre décision. Toutefois, dans le cas où le salarié concerné par la demande d'autorisation de licenciement cesse de bénéficier de la protection prévue par le Code du travail, postérieurement à la décision de l'inspecteur du travail, le ministre n'a plus compétence, après avoir annulé cette décision, pour refuser ou accorder l'autorisation sollicitée. Pour une présentation détaillée des règles applicables, on peut se | 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32383062636630326130613336346532 | article101094 | 16 | La protection en cas de licenciement | Travail-Emploi | travail-emploi | Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours. | 16/04/2025 | https://travail-emploi.gouv.fr/la-protection-en-cas-de-licenciement | [
"Le licenciement des salariés protégés : les bénéficiaires de la protection en vidéo (Web série droit du travail"
] | on peut se reporter au guide élaboré par le ministère du Travail. Quelle est la protection en cas de transfert d'activité ? Le transfert d'un salarié compris dans un transfert partiel d'entreprise ou d'établissement par application de l'article L. 1224-1 du Code du travail ne peut intervenir qu'après autorisation de l'inspecteur du travail lorsque le salarié est investi de l'un des mandats mentionnés à l'article L. 2414-1 du Code du travail : délégué syndical et ancien délégué syndical ayant exercé ses fonctions pendant au moins un an, représentant ou ancien représentant élu du personnel (selon le cas, délégué du personnel, membre élu du comité d'entreprise, membre élu de la délégation du personnel du comité social et économique ou candidat...), etc. En cas de refus d'autorisation, l'employeur doit proposer au salarié un emploi similaire assorti d'une rémunération équivalente dans un autre établissement ou une autre partie de l'entreprise.Documents à télécharger Guide relatif aux décisions administratives en matière de rupture ou de transfert du contrat de travail des salariés protégés (PDF - 2. 71 Mo)Qui contacter ? Fédérations professionnellesOrganisations syndicales de salariésInspection du travailDirection régionale de l’économie, de l’emploi, du travail et des solidarités (DREETS).Textes de référence Articles L. 2411-1 à L. 2437-1 et L 5125-4 du Code du travail. | La protection en cas de licenciement
Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours.
on peut se reporter au guide élaboré par le ministère du Travail. Quelle est la protection en cas de transfert d'activité ? Le transfert d'un salarié compris dans un transfert partiel d'entreprise ou d'établissement par application de l'article L. 1224-1 du Code du travail ne peut intervenir qu'après autorisation de l'inspecteur du travail lorsque le salarié est investi de l'un des mandats mentionnés à l'article L. 2414-1 du Code du travail : délégué syndical et ancien délégué syndical ayant exercé ses fonctions pendant au moins un an, représentant ou ancien représentant élu du personnel (selon le cas, délégué du personnel, membre élu du comité d'entreprise, membre élu de la délégation du personnel du comité social et économique ou candidat...), etc. En cas de refus d'autorisation, l'employeur doit proposer au salarié un emploi similaire assorti d'une rémunération équivalente dans un autre établissement ou une autre partie de l'entreprise.Documents à télécharger Guide relatif aux décisions administratives en matière de rupture ou de transfert du contrat de travail des salariés protégés (PDF - 2. 71 Mo)Qui contacter ? Fédérations professionnellesOrganisations syndicales de salariésInspection du travailDirection régionale de l’économie, de l’emploi, du travail et des solidarités (DREETS).Textes de référence Articles L. 2411-1 à L. 2437-1 et L 5125-4 du Code du travail. | 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63316531363438616466323039663264 | article101094 | 17 | La protection en cas de licenciement | Travail-Emploi | travail-emploi | Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours. | 16/04/2025 | https://travail-emploi.gouv.fr/la-protection-en-cas-de-licenciement | [
"Quels sont les salariés protégés ?"
] | Tout salarié candidat lors d'une élection professionnelle, titulaire ou ancien titulaire d'un mandat de représentant du personnel (délégué syndical, représentant de la section syndicale désigné conformément à l'article L. 2142-1-1 du Code du travail, titulaires ou suppléants d'un mandat de membre élu à la délégation du personnel du « comité social et économique » ...) ou exerçant certains mandats ou certaines fonctions extérieurs à l'entreprise (par exemple, le conseiller ou l'ancien conseiller prud'homme, le conseiller du salarié, le membre ou l'ancien membre de la commission paritaire régionale interprofessionnelle ou encore le défenseur syndical mentionné à l'article L. 1453-4 du Code du travail) bénéficie d'une protection contre la rupture de son contrat de travail. Bénéficient également de la protection contre le licenciement, le représentant de proximité, institués par convention ou accord collectif de travail.L'autorisation de l'inspecteur du travail doit également être demandée dans certains cas de cessation d'un CDD ou d'un contrat de travail temporaire, de transfert de poste du salarié protégé auprès d'un nouvel employeur et, selon la jurisprudence, avant toute rupture du contrat de travail à l'initiative de l'employeur (par exemple dans le cas d'une mise à la retraite) ou en cas d'adhésion du salarié investi d'un mandat représentatif à un dispositif de préretraite mis en place par l'employeur. Une procédure spécifique doit également être observée en cas de rupture | La protection en cas de licenciement
Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours.
Tout salarié candidat lors d'une élection professionnelle, titulaire ou ancien titulaire d'un mandat de représentant du personnel (délégué syndical, représentant de la section syndicale désigné conformément à l'article L. 2142-1-1 du Code du travail, titulaires ou suppléants d'un mandat de membre élu à la délégation du personnel du « comité social et économique » ...) ou exerçant certains mandats ou certaines fonctions extérieurs à l'entreprise (par exemple, le conseiller ou l'ancien conseiller prud'homme, le conseiller du salarié, le membre ou l'ancien membre de la commission paritaire régionale interprofessionnelle ou encore le défenseur syndical mentionné à l'article L. 1453-4 du Code du travail) bénéficie d'une protection contre la rupture de son contrat de travail. Bénéficient également de la protection contre le licenciement, le représentant de proximité, institués par convention ou accord collectif de travail.L'autorisation de l'inspecteur du travail doit également être demandée dans certains cas de cessation d'un CDD ou d'un contrat de travail temporaire, de transfert de poste du salarié protégé auprès d'un nouvel employeur et, selon la jurisprudence, avant toute rupture du contrat de travail à l'initiative de l'employeur (par exemple dans le cas d'une mise à la retraite) ou en cas d'adhésion du salarié investi d'un mandat représentatif à un dispositif de préretraite mis en place par l'employeur. Une procédure spécifique doit également être observée en cas de rupture | 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64356237633463356433303839613832 | article101094 | 18 | La protection en cas de licenciement | Travail-Emploi | travail-emploi | Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours. | 16/04/2025 | https://travail-emploi.gouv.fr/la-protection-en-cas-de-licenciement | [
"Quels sont les salariés protégés ?"
] | en cas de rupture conventionnelle du contrat de travail à durée indéterminée. Lorsqu'elle concerne un membre (titulaire ou suppléant) de la délégation élue du personnel du CSE (ou du conseil d'entreprise), un représentant syndical au CSE ou un représentant de proximité mentionné à l'article L. 2313-7 du Code du travail, la demande d'autorisation de rupture du contrat de travail auprès de l'inspecteur du travail doit être précédée de la consultation du CSE. Comme l'a précisé le Conseil d'État dans un avis rendu le 29 décembre 2021, publié au JO du 9 janvier 2022, cette consultation obligatoire du CSE ne concerne que les entreprises comptant au moins 50 salariés et n'a pas lieu d'être dans celles comptant entre 11 et 49 salariés, sauf si elle est prévue par un accord collectif conclu en application de l'article L. 2312-4 du Code du travail. Pour une présentation détaillée des règles applicables, on pourra utilement se reporter au guide élaboré par le ministère du Travail.La liste légale des salariés bénéficiant de la protection est précisément énumérée :Par les articles L. 2411-1 à L. 2422 du Code du travail pour le licenciement ;Par les articles L. 2412-1 à L. 2412-13 du Code du travail pour la rupture ou le non-renouvellement du contrat à durée déterminée ;Par l'article L. 2413-1 du Code du travail pour l'interruption ou le non-renouvellement d'une mission de travail temporaire ;Par l'article L. 2414-1 du Code du travail pour le transfert partiel d'entreprise ou | La protection en cas de licenciement
Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours.
en cas de rupture conventionnelle du contrat de travail à durée indéterminée. Lorsqu'elle concerne un membre (titulaire ou suppléant) de la délégation élue du personnel du CSE (ou du conseil d'entreprise), un représentant syndical au CSE ou un représentant de proximité mentionné à l'article L. 2313-7 du Code du travail, la demande d'autorisation de rupture du contrat de travail auprès de l'inspecteur du travail doit être précédée de la consultation du CSE. Comme l'a précisé le Conseil d'État dans un avis rendu le 29 décembre 2021, publié au JO du 9 janvier 2022, cette consultation obligatoire du CSE ne concerne que les entreprises comptant au moins 50 salariés et n'a pas lieu d'être dans celles comptant entre 11 et 49 salariés, sauf si elle est prévue par un accord collectif conclu en application de l'article L. 2312-4 du Code du travail. Pour une présentation détaillée des règles applicables, on pourra utilement se reporter au guide élaboré par le ministère du Travail.La liste légale des salariés bénéficiant de la protection est précisément énumérée :Par les articles L. 2411-1 à L. 2422 du Code du travail pour le licenciement ;Par les articles L. 2412-1 à L. 2412-13 du Code du travail pour la rupture ou le non-renouvellement du contrat à durée déterminée ;Par l'article L. 2413-1 du Code du travail pour l'interruption ou le non-renouvellement d'une mission de travail temporaire ;Par l'article L. 2414-1 du Code du travail pour le transfert partiel d'entreprise ou | 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66303336333166623733326165346536 | article101094 | 19 | La protection en cas de licenciement | Travail-Emploi | travail-emploi | Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours. | 16/04/2025 | https://travail-emploi.gouv.fr/la-protection-en-cas-de-licenciement | [
"Quels sont les salariés protégés ?"
] | d'entreprise ou d'établissement ;Par l'article L. 1237-15 du Code du travail pour la rupture conventionnelle du contrat de travail à durée indéterminée.Le médecin du travail bénéficie également d'une protection spécifique, notamment en cas de rupture de son CDI par licenciement ou dans le cadre de la procédure de rupture conventionnelle (individuelle ou collective), ou de rupture ou de non-renouvellement de son CDD. Cette protection s'applique dans les conditions fixées par les articles L. 4623-4 et suivants du Code du travail,Les salariés « protégés » peuvent bénéficier des dispositions de l'accord portant rupture conventionnelle collective. Toutefois, dans une telle situation, la rupture d'un commun accord de leur contrat de travail sera soumise à l'autorisation de l'inspecteur du travail dans les conditions prévues par le Code du travail et la rupture du contrat de travail ne pourra intervenir que le lendemain du jour de cette autorisation.Certains salariés bénéficient d'une protection au titre d'un mandat extérieur à l'entreprise, dont l'existence peut ne pas être connue de l'employeur (ex. : membre du conseil ou administrateur d'une caisse de sécurité sociale mentionné à l'article L. 231-11 du Code de la sécurité sociale, membre du conseil d'administration d'une mutuelle, union ou fédération mentionné à l'article L. 114-24 du Code de la mutualité). Saisi d'une question prioritaire de constitutionnalité, le Conseil constitutionnel a, dans sa décision n° 2012-242 du 14 | La protection en cas de licenciement
Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours.
d'entreprise ou d'établissement ;Par l'article L. 1237-15 du Code du travail pour la rupture conventionnelle du contrat de travail à durée indéterminée.Le médecin du travail bénéficie également d'une protection spécifique, notamment en cas de rupture de son CDI par licenciement ou dans le cadre de la procédure de rupture conventionnelle (individuelle ou collective), ou de rupture ou de non-renouvellement de son CDD. Cette protection s'applique dans les conditions fixées par les articles L. 4623-4 et suivants du Code du travail,Les salariés « protégés » peuvent bénéficier des dispositions de l'accord portant rupture conventionnelle collective. Toutefois, dans une telle situation, la rupture d'un commun accord de leur contrat de travail sera soumise à l'autorisation de l'inspecteur du travail dans les conditions prévues par le Code du travail et la rupture du contrat de travail ne pourra intervenir que le lendemain du jour de cette autorisation.Certains salariés bénéficient d'une protection au titre d'un mandat extérieur à l'entreprise, dont l'existence peut ne pas être connue de l'employeur (ex. : membre du conseil ou administrateur d'une caisse de sécurité sociale mentionné à l'article L. 231-11 du Code de la sécurité sociale, membre du conseil d'administration d'une mutuelle, union ou fédération mentionné à l'article L. 114-24 du Code de la mutualité). Saisi d'une question prioritaire de constitutionnalité, le Conseil constitutionnel a, dans sa décision n° 2012-242 du 14 | 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66333932633564323662623632376464 | article101094 | 20 | La protection en cas de licenciement | Travail-Emploi | travail-emploi | Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours. | 16/04/2025 | https://travail-emploi.gouv.fr/la-protection-en-cas-de-licenciement | [
"Quels sont les salariés protégés ?"
] | n° 2012-242 du 14 mai 2012 à laquelle on se reportera, apporté la précision suivante : « Considérant que la protection assurée au salarié par les dispositions contestées découle de l'exercice d'un mandat extérieur à l'entreprise ; que, par suite, ces dispositions ne sauraient, sans porter une atteinte disproportionnée à la liberté d'entreprendre et à la liberté contractuelle, permettre au salarié protégé de se prévaloir d'une telle protection dès lors qu'il est établi qu'il n'en a pas informé son employeur au plus tard lors de l'entretien préalable au licenciement ; que, sous cette réserve, le 13° de l'article L. 2411-1 du Code du travail et les articles L. 2411-3 et L. 2411-18 du même code ne sont pas contraires à la liberté d'entreprendre ».Le principe selon lequel, sauf dispositions expresses contraires, la recodification du Code du travail est intervenue, en 2008, à droit constant doit être appliqué au champ des bénéficiaires de la protection : il y a donc lieu de retenir le champ tel que défini par l'ancien Code du travail, dans l'hypothèse où le bénéfice de la protection pour un mandat n'aurait pas été explicitement repris dans le nouveau Code du travail (en ce sens, pour la protection du conseiller du salarié, arrêt de la Cour de cassation du 27 janvier 2010 et, pour la protection d'un ancien conseiller prud'homme, arrêt de la Cour de cassation du 13 mars 2012). De même, les dispositions de l'article 2 de l'ordonnance n° 2017-1386 du 22 septembre 2017 doivent être | La protection en cas de licenciement
Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours.
n° 2012-242 du 14 mai 2012 à laquelle on se reportera, apporté la précision suivante : « Considérant que la protection assurée au salarié par les dispositions contestées découle de l'exercice d'un mandat extérieur à l'entreprise ; que, par suite, ces dispositions ne sauraient, sans porter une atteinte disproportionnée à la liberté d'entreprendre et à la liberté contractuelle, permettre au salarié protégé de se prévaloir d'une telle protection dès lors qu'il est établi qu'il n'en a pas informé son employeur au plus tard lors de l'entretien préalable au licenciement ; que, sous cette réserve, le 13° de l'article L. 2411-1 du Code du travail et les articles L. 2411-3 et L. 2411-18 du même code ne sont pas contraires à la liberté d'entreprendre ».Le principe selon lequel, sauf dispositions expresses contraires, la recodification du Code du travail est intervenue, en 2008, à droit constant doit être appliqué au champ des bénéficiaires de la protection : il y a donc lieu de retenir le champ tel que défini par l'ancien Code du travail, dans l'hypothèse où le bénéfice de la protection pour un mandat n'aurait pas été explicitement repris dans le nouveau Code du travail (en ce sens, pour la protection du conseiller du salarié, arrêt de la Cour de cassation du 27 janvier 2010 et, pour la protection d'un ancien conseiller prud'homme, arrêt de la Cour de cassation du 13 mars 2012). De même, les dispositions de l'article 2 de l'ordonnance n° 2017-1386 du 22 septembre 2017 doivent être | 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35376232376635323266656562313336 | article101094 | 21 | La protection en cas de licenciement | Travail-Emploi | travail-emploi | Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours. | 16/04/2025 | https://travail-emploi.gouv.fr/la-protection-en-cas-de-licenciement | [
"Quels sont les salariés protégés ?"
] | 2017 doivent être regardées comme intervenues à droit constant en l'absence de dispositions expresses de sens contraire. De ce fait, par exemple, les conseillers du salarié bénéficient, après la fin de leur mandat, de la protection dans les mêmes conditions que les délégués syndicaux. Dans une affaire concernant la protection contre le licenciement d'un conseiller du salarié, la cour de cassation, dans un arrêt du 29 mai 2024 précise que le salarié protégé n'est pas en droit de se prévaloir de la protection résultant d'un mandat extérieur à l'entreprise (ce qui est le cas du mandat de conseiller du salarié) lorsqu'il est établi qu'il n'en a pas informé son employeur au plus tard lors de l'entretien préalable au licenciement, sauf à prouver que l'employeur en avait connaissance, celle-ci ne pouvant résulter du seul fait qu'il avait assisté un salarié de l'entreprise lors de l'entretien préalable au licenciement de ce dernier. | La protection en cas de licenciement
Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours.
2017 doivent être regardées comme intervenues à droit constant en l'absence de dispositions expresses de sens contraire. De ce fait, par exemple, les conseillers du salarié bénéficient, après la fin de leur mandat, de la protection dans les mêmes conditions que les délégués syndicaux. Dans une affaire concernant la protection contre le licenciement d'un conseiller du salarié, la cour de cassation, dans un arrêt du 29 mai 2024 précise que le salarié protégé n'est pas en droit de se prévaloir de la protection résultant d'un mandat extérieur à l'entreprise (ce qui est le cas du mandat de conseiller du salarié) lorsqu'il est établi qu'il n'en a pas informé son employeur au plus tard lors de l'entretien préalable au licenciement, sauf à prouver que l'employeur en avait connaissance, celle-ci ne pouvant résulter du seul fait qu'il avait assisté un salarié de l'entreprise lors de l'entretien préalable au licenciement de ce dernier. | 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34653834356562663036613761663162 | article101094 | 22 | La protection en cas de licenciement | Travail-Emploi | travail-emploi | Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours. | 16/04/2025 | https://travail-emploi.gouv.fr/la-protection-en-cas-de-licenciement | [
"Quelle est la durée d'application du statut protecteur ?"
] | La protection contre le licenciement s'applique pendant toute la durée du mandat, quel qu'il soit, et également :Pour une durée de six moisLes anciens élus du comité d'entreprise et les anciens représentants syndicaux auprès du comité d'entreprise ayant exercé leur mandat pendant au moins 2 ans ;Les anciens membres élus de la délégation du personnel du comité social et économique (CSE) ainsi que les anciens représentants syndicaux ayant exercé leur mandat pendant au moins 2 ans ;Les anciens membres de la délégation du personnel du CSE interentreprises ;Les anciens représentants de proximité ;Le salarié ayant siégé au CHS-CT en qualité de représentant du personnel ;Le représentant du personnel d'une entreprise extérieure désigné au CHS-CT ou à la commission santé, sécurité et conditions de travail (CSSCT) du CSE d'un établissement comprenant au moins une installation classée ;Le salarié ayant siégé en qualité de représentant du personnel dans une commission paritaire d'hygiène, de sécurité et des conditions de travail en agriculture ;L'ancien représentant des salariés au conseil d'administration ou de surveillance des entreprises du secteur public et le candidat et l'ancien candidat à l'élection comme représentant des salariés (pendant les 3 mois suivant le dépôt des candidatures) ;Les candidats aux fonctions de membre élu de la délégation du personnel au comité social et économique (CSE). La durée de six mois court à partir de l'envoi par lettre recommandée de la candidature | La protection en cas de licenciement
Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours.
La protection contre le licenciement s'applique pendant toute la durée du mandat, quel qu'il soit, et également :Pour une durée de six moisLes anciens élus du comité d'entreprise et les anciens représentants syndicaux auprès du comité d'entreprise ayant exercé leur mandat pendant au moins 2 ans ;Les anciens membres élus de la délégation du personnel du comité social et économique (CSE) ainsi que les anciens représentants syndicaux ayant exercé leur mandat pendant au moins 2 ans ;Les anciens membres de la délégation du personnel du CSE interentreprises ;Les anciens représentants de proximité ;Le salarié ayant siégé au CHS-CT en qualité de représentant du personnel ;Le représentant du personnel d'une entreprise extérieure désigné au CHS-CT ou à la commission santé, sécurité et conditions de travail (CSSCT) du CSE d'un établissement comprenant au moins une installation classée ;Le salarié ayant siégé en qualité de représentant du personnel dans une commission paritaire d'hygiène, de sécurité et des conditions de travail en agriculture ;L'ancien représentant des salariés au conseil d'administration ou de surveillance des entreprises du secteur public et le candidat et l'ancien candidat à l'élection comme représentant des salariés (pendant les 3 mois suivant le dépôt des candidatures) ;Les candidats aux fonctions de membre élu de la délégation du personnel au comité social et économique (CSE). La durée de six mois court à partir de l'envoi par lettre recommandée de la candidature | 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30356630613637393336373939383530 | article101101 | 3 | La procédure en cas de licenciement individuel pour motif économique | Travail-Emploi | travail-emploi | Tout employeur qui envisage de rompre - après la période d'essai - le contrat de travail à durée indéterminée d'un seul salarié pour un motif économique doit respecter les règles concernant : le reclassement du salarié ; l'ordre des licenciements ; la convocation du salarié à un entretien préalable avant toute décision ; la notification du licenciement ; l'information de la Direction régionale de l’économie, de l’emploi, du travail et des solidarités (DREETS* – DDETS ; voir ci-après) ; le préavis. * DREETS : toutes les fois où il est cité, le mot DREETS se réfère aux différentes directions régionales de l’économie, de l’emploi, du travail et des solidarités (DREETS) compétentes sur le territoire métropolitain, y compris la direction régionale interdépartementale de l’économie, de l’emploi, du travail et des solidarités compétente en Ile-de-France (DRIEETS), aux directions de l’économie, de l’emploi, du travail et des solidarités (DEETS) compétentes en Guadeloupe, Martinique, à La Réunion et à Mayotte et à la direction générale Cohésion et population (DGCOPOP) compétente en Guyane. | 16/04/2025 | https://travail-emploi.gouv.fr/la-procedure-en-cas-de-licenciement-individuel-pour-motif-economique | [
"En quoi consiste l’entretien préalable au licenciement ?"
] | Avant toute décision de licenciement, l’employeur (ou son représentant) doit convoquer le salarié à un entretien préalable par lettre recommandée ou remise en main propre contre décharge qui mentionne :l’objet de l’entretien (c’est-à-dire le projet de licenciement) énoncé clairement ;la date, le lieu et l’heure de l’entretien. Il ne peut se dérouler moins de 5 jours ouvrables après la première présentation de la lettre recommandée ou la remise en main propre contre décharge de la lettre de convocation. Les jours ouvrables sont les jours de la semaine à l’exception des dimanches et jours fériés.Lorsqu’il procède à un licenciement individuel pour motif économique, l’employeur doit observer les règles relatives à l’ordre des licenciements. L'envoi recommandé électronique est équivalent à l'envoi par lettre recommandée, dès lors qu'il satisfait aux exigences des articles R. 53 à R. 53-4 du code des postes et des communications électroniques. Le destinataire (ici, le salarié) doit, en outre, avoir exprimé à l'expéditeur son consentement à recevoir des envois recommandés électroniques.La lettre de convocation à l’entretien préalable doit également mentionner la possibilité pour le salarié de se faire assister lors de l’entretien par une personne de son choix, membre du personnel de l’entreprise. Lorsqu'il n'y a pas d'institutions représentatives du personnel dans l'entreprise, le salarié peut se faire assister soit par une personne de son choix appartenant au personnel de | La procédure en cas de licenciement individuel pour motif économique
Tout employeur qui envisage de rompre - après la période d'essai - le contrat de travail à durée indéterminée d'un seul salarié pour un motif économique doit respecter les règles concernant : le reclassement du salarié ; l'ordre des licenciements ; la convocation du salarié à un entretien préalable avant toute décision ; la notification du licenciement ; l'information de la Direction régionale de l’économie, de l’emploi, du travail et des solidarités (DREETS* – DDETS ; voir ci-après) ; le préavis. * DREETS : toutes les fois où il est cité, le mot DREETS se réfère aux différentes directions régionales de l’économie, de l’emploi, du travail et des solidarités (DREETS) compétentes sur le territoire métropolitain, y compris la direction régionale interdépartementale de l’économie, de l’emploi, du travail et des solidarités compétente en Ile-de-France (DRIEETS), aux directions de l’économie, de l’emploi, du travail et des solidarités (DEETS) compétentes en Guadeloupe, Martinique, à La Réunion et à Mayotte et à la direction générale Cohésion et population (DGCOPOP) compétente en Guyane.
Avant toute décision de licenciement, l’employeur (ou son représentant) doit convoquer le salarié à un entretien préalable par lettre recommandée ou remise en main propre contre décharge qui mentionne :l’objet de l’entretien (c’est-à-dire le projet de licenciement) énoncé clairement ;la date, le lieu et l’heure de l’entretien. Il ne peut se dérouler moins de 5 jours ouvrables après la première présentation de la lettre recommandée ou la remise en main propre contre décharge de la lettre de convocation. Les jours ouvrables sont les jours de la semaine à l’exception des dimanches et jours fériés.Lorsqu’il procède à un licenciement individuel pour motif économique, l’employeur doit observer les règles relatives à l’ordre des licenciements. L'envoi recommandé électronique est équivalent à l'envoi par lettre recommandée, dès lors qu'il satisfait aux exigences des articles R. 53 à R. 53-4 du code des postes et des communications électroniques. Le destinataire (ici, le salarié) doit, en outre, avoir exprimé à l'expéditeur son consentement à recevoir des envois recommandés électroniques.La lettre de convocation à l’entretien préalable doit également mentionner la possibilité pour le salarié de se faire assister lors de l’entretien par une personne de son choix, membre du personnel de l’entreprise. Lorsqu'il n'y a pas d'institutions représentatives du personnel dans l'entreprise, le salarié peut se faire assister soit par une personne de son choix appartenant au personnel de | 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63646431386537313539303166633666 | article101094 | 23 | La protection en cas de licenciement | Travail-Emploi | travail-emploi | Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours. | 16/04/2025 | https://travail-emploi.gouv.fr/la-protection-en-cas-de-licenciement | [
"Quelle est la durée d'application du statut protecteur ?"
] | de la candidature à l'employeur. A noter qu’en cas d’annulation de la candidature, la protection cesse à la date à laquelle le jugement, se prononçant sur une contestation électorale, annule la candidature, peu important les motifs de l'annulation de celle-ci (arrêt de la Cour de cassation du 22 janvier 2025) ;Les candidats aux fonctions de représentant de proximité, à partir du dépôt de leur candidature ;Le candidat aux fonctions de représentant du personnel d'une entreprise extérieure à la commission santé, sécurité et conditions de travail, à partir du dépôt de sa candidature ;Les candidats aux fonctions de membre de la délégation du personnel du CSE interentreprises, à partir du dépôt de leur candidature ;Le premier salarié qui a demandé à l'employeur d'organiser les élections ou d'accepter de les organiser, si son initiative est confirmée par une organisation syndicale.Pour mémoire, bénéficiaient également de cette protection les candidats aux élections de délégués du personnel, dès réception de leur candidature par l'employeur ainsi que les candidats non élus aux dernières élections du comité d'entreprise, dès l'envoi des listes de candidatures à l'employeur.Pour une durée de douze moisLes anciens délégués syndicaux, les anciens représentants de la section syndicale désignés conformément à l'article L. 2142-1-1 du Code du travail et les anciens conseillers du salarié, ayant exercé leur fonction durant au moins un an. Les anciens salariés mandatés au titre, selon le | La protection en cas de licenciement
Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours.
de la candidature à l'employeur. A noter qu’en cas d’annulation de la candidature, la protection cesse à la date à laquelle le jugement, se prononçant sur une contestation électorale, annule la candidature, peu important les motifs de l'annulation de celle-ci (arrêt de la Cour de cassation du 22 janvier 2025) ;Les candidats aux fonctions de représentant de proximité, à partir du dépôt de leur candidature ;Le candidat aux fonctions de représentant du personnel d'une entreprise extérieure à la commission santé, sécurité et conditions de travail, à partir du dépôt de sa candidature ;Les candidats aux fonctions de membre de la délégation du personnel du CSE interentreprises, à partir du dépôt de leur candidature ;Le premier salarié qui a demandé à l'employeur d'organiser les élections ou d'accepter de les organiser, si son initiative est confirmée par une organisation syndicale.Pour mémoire, bénéficiaient également de cette protection les candidats aux élections de délégués du personnel, dès réception de leur candidature par l'employeur ainsi que les candidats non élus aux dernières élections du comité d'entreprise, dès l'envoi des listes de candidatures à l'employeur.Pour une durée de douze moisLes anciens délégués syndicaux, les anciens représentants de la section syndicale désignés conformément à l'article L. 2142-1-1 du Code du travail et les anciens conseillers du salarié, ayant exercé leur fonction durant au moins un an. Les anciens salariés mandatés au titre, selon le | 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62613836396534386235653966616262 | article101094 | 24 | La protection en cas de licenciement | Travail-Emploi | travail-emploi | Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours. | 16/04/2025 | https://travail-emploi.gouv.fr/la-protection-en-cas-de-licenciement | [
"Quelle est la durée d'application du statut protecteur ?"
] | au titre, selon le cas, de l'article L. 2232-24 du Code du travail ou des articles L. 2232-23-1 et L. 2232-26 du même code.En cas de faute grave, l'employeur peut prononcer, à titre provisoire, une mise à pied immédiate de l'intéressé. Lorsqu'elle concerne un délégué syndical, un salarié mandaté, un conseiller du salarié, un représentant de la section syndicale, un membre de la délégation du personnel au comité social et économique (CSE) interentreprises ou un des autres salariés mentionnés à l'article L. 2421-2 du Code du travail, cette décision est, à peine de nullité, motivée et notifiée à l'inspecteur du travail dans le délai de 48 heures à compter de sa prise d'effet. Si le licenciement est refusé par l'inspecteur du travail, la mise à pied est annulée et ses effets supprimés. | La protection en cas de licenciement
Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours.
au titre, selon le cas, de l'article L. 2232-24 du Code du travail ou des articles L. 2232-23-1 et L. 2232-26 du même code.En cas de faute grave, l'employeur peut prononcer, à titre provisoire, une mise à pied immédiate de l'intéressé. Lorsqu'elle concerne un délégué syndical, un salarié mandaté, un conseiller du salarié, un représentant de la section syndicale, un membre de la délégation du personnel au comité social et économique (CSE) interentreprises ou un des autres salariés mentionnés à l'article L. 2421-2 du Code du travail, cette décision est, à peine de nullité, motivée et notifiée à l'inspecteur du travail dans le délai de 48 heures à compter de sa prise d'effet. Si le licenciement est refusé par l'inspecteur du travail, la mise à pied est annulée et ses effets supprimés. | 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37653739653464333737373564646232 | article101094 | 25 | La protection en cas de licenciement | Travail-Emploi | travail-emploi | Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours. | 16/04/2025 | https://travail-emploi.gouv.fr/la-protection-en-cas-de-licenciement | [
"Quels sont les moyens de recours ?"
] | La procédure applicable en fonction du salarié protégé (délégué syndical, représentant élu du personnel, etc. ) dont le licenciement est envisagé figure aux articles L. 2421-1 à L. 2422-4 du Code du travail.La décision de l'inspecteur du travail peut, dans un délai de deux mois, faire l'objet :D'un recours hiérarchique auprès du ministre du Travail ;D'un recours contentieux devant le tribunal administratif dont dépend l'entreprise ou l'établissement.Le recours n'est pas suspensif : la décision de l'inspecteur du travail s'applique jusqu'au rendu de décision du Ministre ou du tribunal. Ainsi, en cas d'autorisation du licenciement par l'inspecteur du travail, l'employeur peut prononcer le licenciement, sans attendre les suites du recours ; il prend, toutefois, le risque de devoir réintégrer le salarié si cette autorisation est annulée.Si l'autorisation de licenciement est annulée, le salarié (et lui seul) peut, dans un délai de deux mois à compter de la notification de la décision d'annulation ou de retrait de l'autorisation de licenciement, demander à être réintégré dans l'entreprise, à son emploi antérieur ou un poste équivalent. Cette disposition s'applique aux salariés investis d'un des mandats énumérés par par l'article L. 2422-1 du Code du travail. Le salarié investi d'un des mandats mentionnés à ce même article a droit au paiement d'une indemnité correspondant à la totalité du préjudice subi au cours de la période écoulée entre son licenciement et sa réintégration, s'il | La protection en cas de licenciement
Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours.
La procédure applicable en fonction du salarié protégé (délégué syndical, représentant élu du personnel, etc. ) dont le licenciement est envisagé figure aux articles L. 2421-1 à L. 2422-4 du Code du travail.La décision de l'inspecteur du travail peut, dans un délai de deux mois, faire l'objet :D'un recours hiérarchique auprès du ministre du Travail ;D'un recours contentieux devant le tribunal administratif dont dépend l'entreprise ou l'établissement.Le recours n'est pas suspensif : la décision de l'inspecteur du travail s'applique jusqu'au rendu de décision du Ministre ou du tribunal. Ainsi, en cas d'autorisation du licenciement par l'inspecteur du travail, l'employeur peut prononcer le licenciement, sans attendre les suites du recours ; il prend, toutefois, le risque de devoir réintégrer le salarié si cette autorisation est annulée.Si l'autorisation de licenciement est annulée, le salarié (et lui seul) peut, dans un délai de deux mois à compter de la notification de la décision d'annulation ou de retrait de l'autorisation de licenciement, demander à être réintégré dans l'entreprise, à son emploi antérieur ou un poste équivalent. Cette disposition s'applique aux salariés investis d'un des mandats énumérés par par l'article L. 2422-1 du Code du travail. Le salarié investi d'un des mandats mentionnés à ce même article a droit au paiement d'une indemnité correspondant à la totalité du préjudice subi au cours de la période écoulée entre son licenciement et sa réintégration, s'il | 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31356235303064313263633764303665 | article101094 | 26 | La protection en cas de licenciement | Travail-Emploi | travail-emploi | Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours. | 16/04/2025 | https://travail-emploi.gouv.fr/la-protection-en-cas-de-licenciement | [
"Quels sont les moyens de recours ?"
] | réintégration, s'il en a formulé la demande dans le délai de deux mois à compter de la notification de la décision. Cette indemnité correspond à la totalité du préjudice subi au cours de la période écoulée entre son licenciement et l'expiration du délai de deux mois s'il n'a pas demandé sa réintégration.Si le refus d'autorisation est annulé par le tribunal administratif, l'employeur doit procéder à une nouvelle demande d'autorisation auprès de l'inspecteur du travail qui rendra sa décision compte tenu de la décision du tribunal et/ou de l'évolution des faits.Si le refus d'autorisation est annulé par le ministre, ce dernier se prononce alors sur la demande d'autorisation et statue en fonction des éléments de droit et de fait existant à la date de sa propre décision. Toutefois, dans le cas où le salarié concerné par la demande d'autorisation de licenciement cesse de bénéficier de la protection prévue par le Code du travail, postérieurement à la décision de l'inspecteur du travail, le ministre n'a plus compétence, après avoir annulé cette décision, pour refuser ou accorder l'autorisation sollicitée.Pour une présentation détaillée des règles applicables, on peut se reporter au guide élaboré par le ministère du Travail. | La protection en cas de licenciement
Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours.
réintégration, s'il en a formulé la demande dans le délai de deux mois à compter de la notification de la décision. Cette indemnité correspond à la totalité du préjudice subi au cours de la période écoulée entre son licenciement et l'expiration du délai de deux mois s'il n'a pas demandé sa réintégration.Si le refus d'autorisation est annulé par le tribunal administratif, l'employeur doit procéder à une nouvelle demande d'autorisation auprès de l'inspecteur du travail qui rendra sa décision compte tenu de la décision du tribunal et/ou de l'évolution des faits.Si le refus d'autorisation est annulé par le ministre, ce dernier se prononce alors sur la demande d'autorisation et statue en fonction des éléments de droit et de fait existant à la date de sa propre décision. Toutefois, dans le cas où le salarié concerné par la demande d'autorisation de licenciement cesse de bénéficier de la protection prévue par le Code du travail, postérieurement à la décision de l'inspecteur du travail, le ministre n'a plus compétence, après avoir annulé cette décision, pour refuser ou accorder l'autorisation sollicitée.Pour une présentation détaillée des règles applicables, on peut se reporter au guide élaboré par le ministère du Travail. | 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61653835663532383339313936653038 | article101102 | 1 | La procédure de licenciement économique de 2 à 9 salariés | Travail-Emploi | travail-emploi | La procédure de licenciement pour motif économique varie selon le nombre de salariés concernés . Le l icenciement de 2 à 9 salariés sur une période de 30 jours impose à l'employeur le respect de règles de procédure particulières dès lors que l’entreprise compte au moins 11 salariés et qu’elle dispose donc d’un comité social et économique (CSE). Ces règles sont notamment relatives à la consultation du CSE, à l’ordre des licenciements, à l’exigence d’un entretien préalable, et à l’information de l’administration du travail. L'employeur doit aussi, préalablement au licenciement, chercher à reclasser les salariés dont le licenciement est envisagé. | 03/01/2025 | https://travail-emploi.gouv.fr/la-procedure-de-licenciement-economique-de-2-9-salaries | [
"Quel est le rôle du comité social et économique (CSE) ?"
] | L'employeur qui envisage de procéder à un licenciement pour motif économique de 2 à 9 salariés dans une même période de 30 jours réunit et consulte le comité social et économique (CSE) dans les entreprises d'au moins onze salariés. Le cas échéant, le CSE peut se faire assister d’un expert pour l’étude de ce projet.Le CSE doit rendre son avis dans un délai qui ne peut être supérieur, à compter de la date de la première réunion au cours de laquelle il aura été consulté, à un mois. En l'absence d'avis rendu dans ce délai, le comité est réputé avoir été consulté.Dans les entreprises dotées d'un CSE central d'entreprise, l'employeur réunit ce comité central et le ou les CSE d'établissements intéressés dès lors que les mesures envisagées excèdent le pouvoir du ou des chefs d'établissement concernés ou portent sur plusieurs établissements simultanément ;Le licenciement intervenu dans une entreprise dépourvue de CSE alors qu’aucun procès-verbal de carence n’a été établi est irrégulier. Les salariés peuvent dans ce cas prétendre, en plus des indemnités de licenciement et de préavis, à une indemnité spécifique au moins égale à un mois de salaire brut. Si le licenciement est également dépourvu de cause réelle et sérieuse, l’indemnité accordée à ce titre pourra être cumulée avec l’indemnité spécifique mentionnée ci-dessus, ainsi qu’avec celles prévues aux articles L. 1235-12 et L. 1235-13 du code du travail dans la limite des montants maximaux prévus par le code du travail en cas de | La procédure de licenciement économique de 2 à 9 salariés
La procédure de licenciement pour motif économique varie selon le nombre de salariés concernés . Le l icenciement de 2 à 9 salariés sur une période de 30 jours impose à l'employeur le respect de règles de procédure particulières dès lors que l’entreprise compte au moins 11 salariés et qu’elle dispose donc d’un comité social et économique (CSE). Ces règles sont notamment relatives à la consultation du CSE, à l’ordre des licenciements, à l’exigence d’un entretien préalable, et à l’information de l’administration du travail. L'employeur doit aussi, préalablement au licenciement, chercher à reclasser les salariés dont le licenciement est envisagé.
L'employeur qui envisage de procéder à un licenciement pour motif économique de 2 à 9 salariés dans une même période de 30 jours réunit et consulte le comité social et économique (CSE) dans les entreprises d'au moins onze salariés. Le cas échéant, le CSE peut se faire assister d’un expert pour l’étude de ce projet.Le CSE doit rendre son avis dans un délai qui ne peut être supérieur, à compter de la date de la première réunion au cours de laquelle il aura été consulté, à un mois. En l'absence d'avis rendu dans ce délai, le comité est réputé avoir été consulté.Dans les entreprises dotées d'un CSE central d'entreprise, l'employeur réunit ce comité central et le ou les CSE d'établissements intéressés dès lors que les mesures envisagées excèdent le pouvoir du ou des chefs d'établissement concernés ou portent sur plusieurs établissements simultanément ;Le licenciement intervenu dans une entreprise dépourvue de CSE alors qu’aucun procès-verbal de carence n’a été établi est irrégulier. Les salariés peuvent dans ce cas prétendre, en plus des indemnités de licenciement et de préavis, à une indemnité spécifique au moins égale à un mois de salaire brut. Si le licenciement est également dépourvu de cause réelle et sérieuse, l’indemnité accordée à ce titre pourra être cumulée avec l’indemnité spécifique mentionnée ci-dessus, ainsi qu’avec celles prévues aux articles L. 1235-12 et L. 1235-13 du code du travail dans la limite des montants maximaux prévus par le code du travail en cas de | 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30633932666333356433633839323233 | article101094 | 27 | La protection en cas de licenciement | Travail-Emploi | travail-emploi | Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours. | 16/04/2025 | https://travail-emploi.gouv.fr/la-protection-en-cas-de-licenciement | [
"Quelle est la protection en cas de transfert d'activité ?"
] | Le transfert d'un salarié compris dans un transfert partiel d'entreprise ou d'établissement par application de l'article L. 1224-1 du Code du travail ne peut intervenir qu'après autorisation de l'inspecteur du travail lorsque le salarié est investi de l'un des mandats mentionnés à l'article L. 2414-1 du Code du travail : délégué syndical et ancien délégué syndical ayant exercé ses fonctions pendant au moins un an, représentant ou ancien représentant élu du personnel (selon le cas, délégué du personnel, membre élu du comité d'entreprise, membre élu de la délégation du personnel du comité social et économique ou candidat...), etc.En cas de refus d'autorisation, l'employeur doit proposer au salarié un emploi similaire assorti d'une rémunération équivalente dans un autre établissement ou une autre partie de l'entreprise. | La protection en cas de licenciement
Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours.
Le transfert d'un salarié compris dans un transfert partiel d'entreprise ou d'établissement par application de l'article L. 1224-1 du Code du travail ne peut intervenir qu'après autorisation de l'inspecteur du travail lorsque le salarié est investi de l'un des mandats mentionnés à l'article L. 2414-1 du Code du travail : délégué syndical et ancien délégué syndical ayant exercé ses fonctions pendant au moins un an, représentant ou ancien représentant élu du personnel (selon le cas, délégué du personnel, membre élu du comité d'entreprise, membre élu de la délégation du personnel du comité social et économique ou candidat...), etc.En cas de refus d'autorisation, l'employeur doit proposer au salarié un emploi similaire assorti d'une rémunération équivalente dans un autre établissement ou une autre partie de l'entreprise. | 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33373130643139383165643863653266 | article101094 | 28 | La protection en cas de licenciement | Travail-Emploi | travail-emploi | Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours. | 16/04/2025 | https://travail-emploi.gouv.fr/la-protection-en-cas-de-licenciement | [
"Documents à télécharger"
] | Guide relatif aux décisions administratives en matière de rupture ou de transfert du contrat de travail des salariés protégés (PDF - 2. 71 Mo) | La protection en cas de licenciement
Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours.
Guide relatif aux décisions administratives en matière de rupture ou de transfert du contrat de travail des salariés protégés (PDF - 2. 71 Mo) | 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36303338393061313331653639353131 | article101094 | 29 | La protection en cas de licenciement | Travail-Emploi | travail-emploi | Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours. | 16/04/2025 | https://travail-emploi.gouv.fr/la-protection-en-cas-de-licenciement | [
"Qui contacter ?"
] | Fédérations professionnellesOrganisations syndicales de salariésInspection du travailDirection régionale de l’économie, de l’emploi, du travail et des solidarités (DREETS). | La protection en cas de licenciement
Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours.
Fédérations professionnellesOrganisations syndicales de salariésInspection du travailDirection régionale de l’économie, de l’emploi, du travail et des solidarités (DREETS). | 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62653235303338636131313037303265 | article101094 | 30 | La protection en cas de licenciement | Travail-Emploi | travail-emploi | Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours. | 16/04/2025 | https://travail-emploi.gouv.fr/la-protection-en-cas-de-licenciement | [
"Textes de référence"
] | Articles L. 2411-1 à L. 2437-1 et L 5125-4 du Code du travail. | La protection en cas de licenciement
Les salariés représentants du personnel ne peuvent faire l'objet d'un licenciement, individuel ou collectif, sans l'autorisation de l'inspecteur du travail , pendant toute la durée de leur mandat et au-delà. L'inspecteur du travail vérifie au cours d’une enquête contradictoire que la rupture du contrat n'est pas une mesure discriminatoire, liée aux fonctions de représentation du salarié. Sa décision, positive ou négative, peut faire l'objet d’un recours.
Articles L. 2411-1 à L. 2437-1 et L 5125-4 du Code du travail. | 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30663733333631396536376666323033 | article101095 | 0 | La démission | Travail-Emploi | travail-emploi | La démission permet au salarié de rompre son contrat de travail à durée indéterminée de sa propre initiative , à condition de manifester clairement sa volonté de démissionner et de respecter le délai de préavis éventuellement prévu, sauf dispense accordée par l’employeur ou prévue par la loi, la convention collective (celle-ci peut, par exemple, prévoir que le salarié est libéré de son préavis lorsqu’il a trouvé un autre emploi) ou le contrat de travail. La démission n’est subordonnée à aucune autorisation préalable de l’employeur. Des facilités de recherche d’emploi peuvent être prévues par la convention collective . | 16/04/2025 | https://travail-emploi.gouv.fr/la-demission | [
"La démission"
] | À savoir ! Le code du travail prévoit désormais une procédure particulière en cas d’abandon volontaire de son poste de travail par le salarié, au terme de laquelle ce dernier pourra être considéré comme ayant démissionné.Quelles sont les conditions de validité d’une démission ?Compte tenu de ses conséquences pour le salarié (fin du contrat de travail, absence d'indemnités spécifiques, absence de droit « automatique » à la prise en charge par l'assurance chômage) et de la situation de subordination juridique qui existe à l'égard de l'employeur, les tribunaux exigent que la décision du salarié de démissionner résulte d'une volonté claire et non équivoque de rompre son contrat de travail, et que cette volonté ne soit ni altérée, ni contrainte.Un recours devant les prud'hommes est possible de la part du salarié qui souhaite remettre en cause la validité de sa démission. Dans une telle hypothèse, si au vu des éléments de preuve apportés par le salarié, les juges considèrent que les conditions de validité de la démission n’étaient pas réunies, celle-ci pourra être considérée comme nulle, produisant alors les effets d’un licenciement sans cause réelle et sérieuse.Le salarié qui considère que sa décision de rompre le contrat de travail est due, même pour partie, à des manquements de l’employeur à ses propres obligations, peut saisir le conseil de prud’hommes d’une demande en requalification en « prise d’acte de la rupture ». Dans ce cas, l'affaire est directement portée devant le | La démission
La démission permet au salarié de rompre son contrat de travail à durée indéterminée de sa propre initiative , à condition de manifester clairement sa volonté de démissionner et de respecter le délai de préavis éventuellement prévu, sauf dispense accordée par l’employeur ou prévue par la loi, la convention collective (celle-ci peut, par exemple, prévoir que le salarié est libéré de son préavis lorsqu’il a trouvé un autre emploi) ou le contrat de travail. La démission n’est subordonnée à aucune autorisation préalable de l’employeur. Des facilités de recherche d’emploi peuvent être prévues par la convention collective .
À savoir ! Le code du travail prévoit désormais une procédure particulière en cas d’abandon volontaire de son poste de travail par le salarié, au terme de laquelle ce dernier pourra être considéré comme ayant démissionné.Quelles sont les conditions de validité d’une démission ?Compte tenu de ses conséquences pour le salarié (fin du contrat de travail, absence d'indemnités spécifiques, absence de droit « automatique » à la prise en charge par l'assurance chômage) et de la situation de subordination juridique qui existe à l'égard de l'employeur, les tribunaux exigent que la décision du salarié de démissionner résulte d'une volonté claire et non équivoque de rompre son contrat de travail, et que cette volonté ne soit ni altérée, ni contrainte.Un recours devant les prud'hommes est possible de la part du salarié qui souhaite remettre en cause la validité de sa démission. Dans une telle hypothèse, si au vu des éléments de preuve apportés par le salarié, les juges considèrent que les conditions de validité de la démission n’étaient pas réunies, celle-ci pourra être considérée comme nulle, produisant alors les effets d’un licenciement sans cause réelle et sérieuse.Le salarié qui considère que sa décision de rompre le contrat de travail est due, même pour partie, à des manquements de l’employeur à ses propres obligations, peut saisir le conseil de prud’hommes d’une demande en requalification en « prise d’acte de la rupture ». Dans ce cas, l'affaire est directement portée devant le | 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37353362353438323233346332616630 | article101095 | 1 | La démission | Travail-Emploi | travail-emploi | La démission permet au salarié de rompre son contrat de travail à durée indéterminée de sa propre initiative , à condition de manifester clairement sa volonté de démissionner et de respecter le délai de préavis éventuellement prévu, sauf dispense accordée par l’employeur ou prévue par la loi, la convention collective (celle-ci peut, par exemple, prévoir que le salarié est libéré de son préavis lorsqu’il a trouvé un autre emploi) ou le contrat de travail. La démission n’est subordonnée à aucune autorisation préalable de l’employeur. Des facilités de recherche d’emploi peuvent être prévues par la convention collective . | 16/04/2025 | https://travail-emploi.gouv.fr/la-demission | [
"La démission"
] | portée devant le bureau de jugement, qui statue au fond dans un délai d'un mois suivant sa saisine. Si la demande est acceptée, la rupture du contrat de travail produira les effets d’un licenciement sans cause réelle et sérieuse, voire d’un licenciement nul (par exemple, si le salarié était un salarié « protégé ») ; pour une illustration, voir l’arrêt de la Cour de cassation du 6 janvier 2021. Si la demande est rejetée, la rupture du contrat sera considérée comme une démission. | La démission
La démission permet au salarié de rompre son contrat de travail à durée indéterminée de sa propre initiative , à condition de manifester clairement sa volonté de démissionner et de respecter le délai de préavis éventuellement prévu, sauf dispense accordée par l’employeur ou prévue par la loi, la convention collective (celle-ci peut, par exemple, prévoir que le salarié est libéré de son préavis lorsqu’il a trouvé un autre emploi) ou le contrat de travail. La démission n’est subordonnée à aucune autorisation préalable de l’employeur. Des facilités de recherche d’emploi peuvent être prévues par la convention collective .
portée devant le bureau de jugement, qui statue au fond dans un délai d'un mois suivant sa saisine. Si la demande est acceptée, la rupture du contrat de travail produira les effets d’un licenciement sans cause réelle et sérieuse, voire d’un licenciement nul (par exemple, si le salarié était un salarié « protégé ») ; pour une illustration, voir l’arrêt de la Cour de cassation du 6 janvier 2021. Si la demande est rejetée, la rupture du contrat sera considérée comme une démission. | 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36356631656133366331356533336464 | article101095 | 2 | La démission | Travail-Emploi | travail-emploi | La démission permet au salarié de rompre son contrat de travail à durée indéterminée de sa propre initiative , à condition de manifester clairement sa volonté de démissionner et de respecter le délai de préavis éventuellement prévu, sauf dispense accordée par l’employeur ou prévue par la loi, la convention collective (celle-ci peut, par exemple, prévoir que le salarié est libéré de son préavis lorsqu’il a trouvé un autre emploi) ou le contrat de travail. La démission n’est subordonnée à aucune autorisation préalable de l’employeur. Des facilités de recherche d’emploi peuvent être prévues par la convention collective . | 16/04/2025 | https://travail-emploi.gouv.fr/la-demission | [
"Quelles sont les conditions de validité d’une démission ?"
] | Compte tenu de ses conséquences pour le salarié (fin du contrat de travail, absence d'indemnités spécifiques, absence de droit « automatique » à la prise en charge par l'assurance chômage) et de la situation de subordination juridique qui existe à l'égard de l'employeur, les tribunaux exigent que la décision du salarié de démissionner résulte d'une volonté claire et non équivoque de rompre son contrat de travail, et que cette volonté ne soit ni altérée, ni contrainte.Un recours devant les prud'hommes est possible de la part du salarié qui souhaite remettre en cause la validité de sa démission. Dans une telle hypothèse, si au vu des éléments de preuve apportés par le salarié, les juges considèrent que les conditions de validité de la démission n’étaient pas réunies, celle-ci pourra être considérée comme nulle, produisant alors les effets d’un licenciement sans cause réelle et sérieuse.Le salarié qui considère que sa décision de rompre le contrat de travail est due, même pour partie, à des manquements de l’employeur à ses propres obligations, peut saisir le conseil de prud’hommes d’une demande en requalification en « prise d’acte de la rupture ». Dans ce cas, l'affaire est directement portée devant le bureau de jugement, qui statue au fond dans un délai d'un mois suivant sa saisine. Si la demande est acceptée, la rupture du contrat de travail produira les effets d’un licenciement sans cause réelle et sérieuse, voire d’un licenciement nul (par exemple, si le salarié était un | La démission
La démission permet au salarié de rompre son contrat de travail à durée indéterminée de sa propre initiative , à condition de manifester clairement sa volonté de démissionner et de respecter le délai de préavis éventuellement prévu, sauf dispense accordée par l’employeur ou prévue par la loi, la convention collective (celle-ci peut, par exemple, prévoir que le salarié est libéré de son préavis lorsqu’il a trouvé un autre emploi) ou le contrat de travail. La démission n’est subordonnée à aucune autorisation préalable de l’employeur. Des facilités de recherche d’emploi peuvent être prévues par la convention collective .
Compte tenu de ses conséquences pour le salarié (fin du contrat de travail, absence d'indemnités spécifiques, absence de droit « automatique » à la prise en charge par l'assurance chômage) et de la situation de subordination juridique qui existe à l'égard de l'employeur, les tribunaux exigent que la décision du salarié de démissionner résulte d'une volonté claire et non équivoque de rompre son contrat de travail, et que cette volonté ne soit ni altérée, ni contrainte.Un recours devant les prud'hommes est possible de la part du salarié qui souhaite remettre en cause la validité de sa démission. Dans une telle hypothèse, si au vu des éléments de preuve apportés par le salarié, les juges considèrent que les conditions de validité de la démission n’étaient pas réunies, celle-ci pourra être considérée comme nulle, produisant alors les effets d’un licenciement sans cause réelle et sérieuse.Le salarié qui considère que sa décision de rompre le contrat de travail est due, même pour partie, à des manquements de l’employeur à ses propres obligations, peut saisir le conseil de prud’hommes d’une demande en requalification en « prise d’acte de la rupture ». Dans ce cas, l'affaire est directement portée devant le bureau de jugement, qui statue au fond dans un délai d'un mois suivant sa saisine. Si la demande est acceptée, la rupture du contrat de travail produira les effets d’un licenciement sans cause réelle et sérieuse, voire d’un licenciement nul (par exemple, si le salarié était un | 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61333663336631323932646632656462 | article101095 | 3 | La démission | Travail-Emploi | travail-emploi | La démission permet au salarié de rompre son contrat de travail à durée indéterminée de sa propre initiative , à condition de manifester clairement sa volonté de démissionner et de respecter le délai de préavis éventuellement prévu, sauf dispense accordée par l’employeur ou prévue par la loi, la convention collective (celle-ci peut, par exemple, prévoir que le salarié est libéré de son préavis lorsqu’il a trouvé un autre emploi) ou le contrat de travail. La démission n’est subordonnée à aucune autorisation préalable de l’employeur. Des facilités de recherche d’emploi peuvent être prévues par la convention collective . | 16/04/2025 | https://travail-emploi.gouv.fr/la-demission | [
"Quelles sont les conditions de validité d’une démission ?"
] | le salarié était un salarié « protégé ») ; pour une illustration, voir l’arrêt de la Cour de cassation du 6 janvier 2021. Si la demande est rejetée, la rupture du contrat sera considérée comme une démission. | La démission
La démission permet au salarié de rompre son contrat de travail à durée indéterminée de sa propre initiative , à condition de manifester clairement sa volonté de démissionner et de respecter le délai de préavis éventuellement prévu, sauf dispense accordée par l’employeur ou prévue par la loi, la convention collective (celle-ci peut, par exemple, prévoir que le salarié est libéré de son préavis lorsqu’il a trouvé un autre emploi) ou le contrat de travail. La démission n’est subordonnée à aucune autorisation préalable de l’employeur. Des facilités de recherche d’emploi peuvent être prévues par la convention collective .
le salarié était un salarié « protégé ») ; pour une illustration, voir l’arrêt de la Cour de cassation du 6 janvier 2021. Si la demande est rejetée, la rupture du contrat sera considérée comme une démission. | 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30316665666432623161313363346361 | article101095 | 4 | La démission | Travail-Emploi | travail-emploi | La démission permet au salarié de rompre son contrat de travail à durée indéterminée de sa propre initiative , à condition de manifester clairement sa volonté de démissionner et de respecter le délai de préavis éventuellement prévu, sauf dispense accordée par l’employeur ou prévue par la loi, la convention collective (celle-ci peut, par exemple, prévoir que le salarié est libéré de son préavis lorsqu’il a trouvé un autre emploi) ou le contrat de travail. La démission n’est subordonnée à aucune autorisation préalable de l’employeur. Des facilités de recherche d’emploi peuvent être prévues par la convention collective . | 16/04/2025 | https://travail-emploi.gouv.fr/la-demission | [
"Comment présenter une démission ?"
] | Le Code du travail ne prévoit aucune forme particulière pour présenter sa démission : elle peut être verbale, écrite ou résulter d’un comportement sans ambiguïté du salarié (sur la situation du salarié absent sans motif valable - par exemple un arrêt maladie établi par un médecin - ou ne reprenant pas son travail à la suite d’une absence - pour maladie, congés payés, etc. - , voir précisions ci-dessous).Toutefois, pour éviter les contestations sur l'intention même de démissionner ou sur la date de la fin du contrat de travail, le salarié a intérêt à remettre sa démission par écrit (si possible par lettre recommandée avec avis de réception). L'écrit permet également de définir le début du préavis.Stipulations des conventions collectivesCertaines conventions collectives prévoient que la démission doit être écrite et adressée par lettre recommandée avec avis de réception ; toutefois, selon la Cour de cassation, l’absence de notification écrite de la démission ne remet pas en cause la validité de cette dernière, dès lors que le salarié manifeste sans ambigüité sa volonté de démissionner. La démission ne peut être exigée par avance, par exemple, lors de la signature du contrat de travail ou au cours de son exécution. | La démission
La démission permet au salarié de rompre son contrat de travail à durée indéterminée de sa propre initiative , à condition de manifester clairement sa volonté de démissionner et de respecter le délai de préavis éventuellement prévu, sauf dispense accordée par l’employeur ou prévue par la loi, la convention collective (celle-ci peut, par exemple, prévoir que le salarié est libéré de son préavis lorsqu’il a trouvé un autre emploi) ou le contrat de travail. La démission n’est subordonnée à aucune autorisation préalable de l’employeur. Des facilités de recherche d’emploi peuvent être prévues par la convention collective .
Le Code du travail ne prévoit aucune forme particulière pour présenter sa démission : elle peut être verbale, écrite ou résulter d’un comportement sans ambiguïté du salarié (sur la situation du salarié absent sans motif valable - par exemple un arrêt maladie établi par un médecin - ou ne reprenant pas son travail à la suite d’une absence - pour maladie, congés payés, etc. - , voir précisions ci-dessous).Toutefois, pour éviter les contestations sur l'intention même de démissionner ou sur la date de la fin du contrat de travail, le salarié a intérêt à remettre sa démission par écrit (si possible par lettre recommandée avec avis de réception). L'écrit permet également de définir le début du préavis.Stipulations des conventions collectivesCertaines conventions collectives prévoient que la démission doit être écrite et adressée par lettre recommandée avec avis de réception ; toutefois, selon la Cour de cassation, l’absence de notification écrite de la démission ne remet pas en cause la validité de cette dernière, dès lors que le salarié manifeste sans ambigüité sa volonté de démissionner. La démission ne peut être exigée par avance, par exemple, lors de la signature du contrat de travail ou au cours de son exécution. | 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37313337656235316562633134653430 | article101095 | 5 | La démission | Travail-Emploi | travail-emploi | La démission permet au salarié de rompre son contrat de travail à durée indéterminée de sa propre initiative , à condition de manifester clairement sa volonté de démissionner et de respecter le délai de préavis éventuellement prévu, sauf dispense accordée par l’employeur ou prévue par la loi, la convention collective (celle-ci peut, par exemple, prévoir que le salarié est libéré de son préavis lorsqu’il a trouvé un autre emploi) ou le contrat de travail. La démission n’est subordonnée à aucune autorisation préalable de l’employeur. Des facilités de recherche d’emploi peuvent être prévues par la convention collective . | 16/04/2025 | https://travail-emploi.gouv.fr/la-demission | [
"L'absence injustifiée du salarié est-elle une démission ?"
] | En cas d’absence de l’entreprise sans motif légitime (par exemple, un arrêt de travail), ou d’absence de reprise du travail après un arrêt de travail, il n’est pas possible pour l’employeur de considérer le salarié comme immédiatement démissionnaire. Dans cette hypothèse, l’employeur peut engager la procédure de présomption de démission pour abandon de poste volontaire, en suivant les règles posées par l’article R. 1237-13 du Code du travail.A ce titre, il doit, notamment, s’il entend faire valoir cette présomption de démission, mettre en demeure le salarié, par lettre recommandée ou par lettre remise en main-propre contre décharge, de justifier son absence et de reprendre son poste. Comme le précise le Conseil d’État dans une décision du 18 décembre 2024 à laquelle on se reportera, cette mise en demeure doit informer le salarié des conséquences pouvant résulter de l'absence de reprise du travail sauf motif légitime justifiant son absence.Le salarié qui conteste la rupture de son contrat de travail sur le fondement de la présomption de démission pour abandon de poste peut saisir le conseil de prud'hommes. L'affaire est directement portée devant le bureau de jugement, qui se prononce sur la nature de la rupture et les conséquences associées. Il statue au fond dans un délai d'un mois à compter de sa saisine. | La démission
La démission permet au salarié de rompre son contrat de travail à durée indéterminée de sa propre initiative , à condition de manifester clairement sa volonté de démissionner et de respecter le délai de préavis éventuellement prévu, sauf dispense accordée par l’employeur ou prévue par la loi, la convention collective (celle-ci peut, par exemple, prévoir que le salarié est libéré de son préavis lorsqu’il a trouvé un autre emploi) ou le contrat de travail. La démission n’est subordonnée à aucune autorisation préalable de l’employeur. Des facilités de recherche d’emploi peuvent être prévues par la convention collective .
En cas d’absence de l’entreprise sans motif légitime (par exemple, un arrêt de travail), ou d’absence de reprise du travail après un arrêt de travail, il n’est pas possible pour l’employeur de considérer le salarié comme immédiatement démissionnaire. Dans cette hypothèse, l’employeur peut engager la procédure de présomption de démission pour abandon de poste volontaire, en suivant les règles posées par l’article R. 1237-13 du Code du travail.A ce titre, il doit, notamment, s’il entend faire valoir cette présomption de démission, mettre en demeure le salarié, par lettre recommandée ou par lettre remise en main-propre contre décharge, de justifier son absence et de reprendre son poste. Comme le précise le Conseil d’État dans une décision du 18 décembre 2024 à laquelle on se reportera, cette mise en demeure doit informer le salarié des conséquences pouvant résulter de l'absence de reprise du travail sauf motif légitime justifiant son absence.Le salarié qui conteste la rupture de son contrat de travail sur le fondement de la présomption de démission pour abandon de poste peut saisir le conseil de prud'hommes. L'affaire est directement portée devant le bureau de jugement, qui se prononce sur la nature de la rupture et les conséquences associées. Il statue au fond dans un délai d'un mois à compter de sa saisine. | 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35396335383666326331333338353638 | article101095 | 6 | La démission | Travail-Emploi | travail-emploi | La démission permet au salarié de rompre son contrat de travail à durée indéterminée de sa propre initiative , à condition de manifester clairement sa volonté de démissionner et de respecter le délai de préavis éventuellement prévu, sauf dispense accordée par l’employeur ou prévue par la loi, la convention collective (celle-ci peut, par exemple, prévoir que le salarié est libéré de son préavis lorsqu’il a trouvé un autre emploi) ou le contrat de travail. La démission n’est subordonnée à aucune autorisation préalable de l’employeur. Des facilités de recherche d’emploi peuvent être prévues par la convention collective . | 16/04/2025 | https://travail-emploi.gouv.fr/la-demission | [
"Le refus, par le salarié, d'accepter un changement des conditions de travail est-il une démission ?"
] | Le refus du salarié d'accepter un changement des conditions de travail ne constitue pas une démission. Il s'agit d'un manquement aux obligations du contrat que l'employeur peut sanctionner, au besoin, par un licenciement pour faute. Pour plus de précisions, on se reportera à la fiche consacrée à la modification du contrat de travail. | La démission
La démission permet au salarié de rompre son contrat de travail à durée indéterminée de sa propre initiative , à condition de manifester clairement sa volonté de démissionner et de respecter le délai de préavis éventuellement prévu, sauf dispense accordée par l’employeur ou prévue par la loi, la convention collective (celle-ci peut, par exemple, prévoir que le salarié est libéré de son préavis lorsqu’il a trouvé un autre emploi) ou le contrat de travail. La démission n’est subordonnée à aucune autorisation préalable de l’employeur. Des facilités de recherche d’emploi peuvent être prévues par la convention collective .
Le refus du salarié d'accepter un changement des conditions de travail ne constitue pas une démission. Il s'agit d'un manquement aux obligations du contrat que l'employeur peut sanctionner, au besoin, par un licenciement pour faute. Pour plus de précisions, on se reportera à la fiche consacrée à la modification du contrat de travail. | 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36646535633535306666633732363965 | article101095 | 7 | La démission | Travail-Emploi | travail-emploi | La démission permet au salarié de rompre son contrat de travail à durée indéterminée de sa propre initiative , à condition de manifester clairement sa volonté de démissionner et de respecter le délai de préavis éventuellement prévu, sauf dispense accordée par l’employeur ou prévue par la loi, la convention collective (celle-ci peut, par exemple, prévoir que le salarié est libéré de son préavis lorsqu’il a trouvé un autre emploi) ou le contrat de travail. La démission n’est subordonnée à aucune autorisation préalable de l’employeur. Des facilités de recherche d’emploi peuvent être prévues par la convention collective . | 16/04/2025 | https://travail-emploi.gouv.fr/la-demission | [
"Faut-il respecter un préavis ?"
] | Sauf dans certaines circonstances prévues par le code du travail (exemple : rupture du contrat de travail sans préavis ni indemnité de rupture par la salariée en état de grossesse médicalement constaté, rupture du contrat de travail dans les conditions fixées par l’article L. 1225-66 du code travail pour élever son enfant), le préavis, lorsqu’il est prévu, doit toujours être effectué. Si le salarié ne l’exécute pas, son employeur peut lui en réclamer le paiement devant le conseil de prud’hommes.Toutefois le salarié peut être dispensé de préavis :À sa demande et après acceptation de l'employeur (un écrit est conseillé). Dans ce cas, l'indemnité de préavis n'est pas due ;À la seule initiative de l’employeur. Celui-ci doit néanmoins verser l’indemnité de préavis.Sauf cas particuliers (assistant(e)s maternel(le)s, VRP, journalistes professionnels), la loi ne fixe pas la durée du préavis et prévoit simplement qu'elle est déterminée par la convention ou l'accord collectif de travail applicable, ou par les usages pratiqués dans la localité ou la profession. Dans la majorité des situations, cette durée est effectivement fixée par les conventions (conventions de branche, d'entreprise, d'établissement), par les usages ou par le contrat de travail.En cas de démission, l'existence et la durée du préavis sont fixées par la loi, ou par convention ou accord collectif de travail. En l'absence de dispositions légales, de convention ou accord collectif de travail relatifs au préavis, son | La démission
La démission permet au salarié de rompre son contrat de travail à durée indéterminée de sa propre initiative , à condition de manifester clairement sa volonté de démissionner et de respecter le délai de préavis éventuellement prévu, sauf dispense accordée par l’employeur ou prévue par la loi, la convention collective (celle-ci peut, par exemple, prévoir que le salarié est libéré de son préavis lorsqu’il a trouvé un autre emploi) ou le contrat de travail. La démission n’est subordonnée à aucune autorisation préalable de l’employeur. Des facilités de recherche d’emploi peuvent être prévues par la convention collective .
Sauf dans certaines circonstances prévues par le code du travail (exemple : rupture du contrat de travail sans préavis ni indemnité de rupture par la salariée en état de grossesse médicalement constaté, rupture du contrat de travail dans les conditions fixées par l’article L. 1225-66 du code travail pour élever son enfant), le préavis, lorsqu’il est prévu, doit toujours être effectué. Si le salarié ne l’exécute pas, son employeur peut lui en réclamer le paiement devant le conseil de prud’hommes.Toutefois le salarié peut être dispensé de préavis :À sa demande et après acceptation de l'employeur (un écrit est conseillé). Dans ce cas, l'indemnité de préavis n'est pas due ;À la seule initiative de l’employeur. Celui-ci doit néanmoins verser l’indemnité de préavis.Sauf cas particuliers (assistant(e)s maternel(le)s, VRP, journalistes professionnels), la loi ne fixe pas la durée du préavis et prévoit simplement qu'elle est déterminée par la convention ou l'accord collectif de travail applicable, ou par les usages pratiqués dans la localité ou la profession. Dans la majorité des situations, cette durée est effectivement fixée par les conventions (conventions de branche, d'entreprise, d'établissement), par les usages ou par le contrat de travail.En cas de démission, l'existence et la durée du préavis sont fixées par la loi, ou par convention ou accord collectif de travail. En l'absence de dispositions légales, de convention ou accord collectif de travail relatifs au préavis, son | 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37646636393933383233396262636538 | article101095 | 8 | La démission | Travail-Emploi | travail-emploi | La démission permet au salarié de rompre son contrat de travail à durée indéterminée de sa propre initiative , à condition de manifester clairement sa volonté de démissionner et de respecter le délai de préavis éventuellement prévu, sauf dispense accordée par l’employeur ou prévue par la loi, la convention collective (celle-ci peut, par exemple, prévoir que le salarié est libéré de son préavis lorsqu’il a trouvé un autre emploi) ou le contrat de travail. La démission n’est subordonnée à aucune autorisation préalable de l’employeur. Des facilités de recherche d’emploi peuvent être prévues par la convention collective . | 16/04/2025 | https://travail-emploi.gouv.fr/la-demission | [
"Faut-il respecter un préavis ?"
] | au préavis, son existence et sa durée résultent des usages pratiqués dans la localité et dans la profession. Le contrat de travail peut prévoir un préavis plus court que le préavis conventionnel, mais pas plus long. Certaines conventions prévoient que le salarié est libéré de son préavis lorsqu’il a trouvé un autre emploi. | La démission
La démission permet au salarié de rompre son contrat de travail à durée indéterminée de sa propre initiative , à condition de manifester clairement sa volonté de démissionner et de respecter le délai de préavis éventuellement prévu, sauf dispense accordée par l’employeur ou prévue par la loi, la convention collective (celle-ci peut, par exemple, prévoir que le salarié est libéré de son préavis lorsqu’il a trouvé un autre emploi) ou le contrat de travail. La démission n’est subordonnée à aucune autorisation préalable de l’employeur. Des facilités de recherche d’emploi peuvent être prévues par la convention collective .
au préavis, son existence et sa durée résultent des usages pratiqués dans la localité et dans la profession. Le contrat de travail peut prévoir un préavis plus court que le préavis conventionnel, mais pas plus long. Certaines conventions prévoient que le salarié est libéré de son préavis lorsqu’il a trouvé un autre emploi. | 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64326266303739343134663763646637 | article101095 | 9 | La démission | Travail-Emploi | travail-emploi | La démission permet au salarié de rompre son contrat de travail à durée indéterminée de sa propre initiative , à condition de manifester clairement sa volonté de démissionner et de respecter le délai de préavis éventuellement prévu, sauf dispense accordée par l’employeur ou prévue par la loi, la convention collective (celle-ci peut, par exemple, prévoir que le salarié est libéré de son préavis lorsqu’il a trouvé un autre emploi) ou le contrat de travail. La démission n’est subordonnée à aucune autorisation préalable de l’employeur. Des facilités de recherche d’emploi peuvent être prévues par la convention collective . | 16/04/2025 | https://travail-emploi.gouv.fr/la-demission | [
"Et les heures pour recherche d'emploi ?"
] | La loi n'en prévoit pas. En revanche, certaines conventions collectives organisent en faveur des salariés licenciés (rarement pour ceux qui donnent leur démission) des temps d'absence - rémunérés ou non - pour rechercher un emploi pendant le préavis. Il convient donc, sur ce point, de se reporter aux conventions ou aux accords collectifs applicables dans l’entreprise. | La démission
La démission permet au salarié de rompre son contrat de travail à durée indéterminée de sa propre initiative , à condition de manifester clairement sa volonté de démissionner et de respecter le délai de préavis éventuellement prévu, sauf dispense accordée par l’employeur ou prévue par la loi, la convention collective (celle-ci peut, par exemple, prévoir que le salarié est libéré de son préavis lorsqu’il a trouvé un autre emploi) ou le contrat de travail. La démission n’est subordonnée à aucune autorisation préalable de l’employeur. Des facilités de recherche d’emploi peuvent être prévues par la convention collective .
La loi n'en prévoit pas. En revanche, certaines conventions collectives organisent en faveur des salariés licenciés (rarement pour ceux qui donnent leur démission) des temps d'absence - rémunérés ou non - pour rechercher un emploi pendant le préavis. Il convient donc, sur ce point, de se reporter aux conventions ou aux accords collectifs applicables dans l’entreprise. | 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39386466616262393330373237366661 | article101095 | 10 | La démission | Travail-Emploi | travail-emploi | La démission permet au salarié de rompre son contrat de travail à durée indéterminée de sa propre initiative , à condition de manifester clairement sa volonté de démissionner et de respecter le délai de préavis éventuellement prévu, sauf dispense accordée par l’employeur ou prévue par la loi, la convention collective (celle-ci peut, par exemple, prévoir que le salarié est libéré de son préavis lorsqu’il a trouvé un autre emploi) ou le contrat de travail. La démission n’est subordonnée à aucune autorisation préalable de l’employeur. Des facilités de recherche d’emploi peuvent être prévues par la convention collective . | 16/04/2025 | https://travail-emploi.gouv.fr/la-demission | [
"Quelle est la situation du salarié à la fin du contrat ?"
] | À l’issue du contrat de travail, lorsque le préavis est achevé, le salarié est libre de tout engagement vis-à-vis de son employeur. Toutefois, certaines obligations particulières peuvent encore s’appliquer : tel est le cas lorsque le contrat contient une clause de non-concurrence ou une clause de dédit-formation. Si elles ne sont pas abusives, ces clauses sont applicables.Démission et droit aux allocations de chômageLa démission n’ouvre pas droit à une indemnisation au titre de l’assurance chômage sauf si elle est considérée comme « légitime » au sens de la réglementation de l’assurance chômage : démission pour suivre son conjoint qui occupe un nouvel emploi, en cas de non-paiement des salaires...Toutefois, en cas de démission pour un motif autre que ceux considérés par le régime d’assurance chômage comme légitime, il est possible d’obtenir une indemnisation 4 mois après la fin du contrat de travail. Il faut pour cela être en mesure de prouver une recherche active d’emploi pendant ce délai et saisir l’instance paritaire régionale qui siège auprès de chaque direction régionale de France Travail. Au vu des efforts fournis pour retrouver un emploi, cette instance décidera d’attribuer ou non les allocations, toutes les autres conditions étant par ailleurs remplies. En outre, un salarié démissionnaire peut également prétendre aux allocations d’assurance chômage dès lors qu’il justifie d’une certaine durée d’activité salariée antérieure et qu’il poursuit un projet de reconversion | La démission
La démission permet au salarié de rompre son contrat de travail à durée indéterminée de sa propre initiative , à condition de manifester clairement sa volonté de démissionner et de respecter le délai de préavis éventuellement prévu, sauf dispense accordée par l’employeur ou prévue par la loi, la convention collective (celle-ci peut, par exemple, prévoir que le salarié est libéré de son préavis lorsqu’il a trouvé un autre emploi) ou le contrat de travail. La démission n’est subordonnée à aucune autorisation préalable de l’employeur. Des facilités de recherche d’emploi peuvent être prévues par la convention collective .
À l’issue du contrat de travail, lorsque le préavis est achevé, le salarié est libre de tout engagement vis-à-vis de son employeur. Toutefois, certaines obligations particulières peuvent encore s’appliquer : tel est le cas lorsque le contrat contient une clause de non-concurrence ou une clause de dédit-formation. Si elles ne sont pas abusives, ces clauses sont applicables.Démission et droit aux allocations de chômageLa démission n’ouvre pas droit à une indemnisation au titre de l’assurance chômage sauf si elle est considérée comme « légitime » au sens de la réglementation de l’assurance chômage : démission pour suivre son conjoint qui occupe un nouvel emploi, en cas de non-paiement des salaires...Toutefois, en cas de démission pour un motif autre que ceux considérés par le régime d’assurance chômage comme légitime, il est possible d’obtenir une indemnisation 4 mois après la fin du contrat de travail. Il faut pour cela être en mesure de prouver une recherche active d’emploi pendant ce délai et saisir l’instance paritaire régionale qui siège auprès de chaque direction régionale de France Travail. Au vu des efforts fournis pour retrouver un emploi, cette instance décidera d’attribuer ou non les allocations, toutes les autres conditions étant par ailleurs remplies. En outre, un salarié démissionnaire peut également prétendre aux allocations d’assurance chômage dès lors qu’il justifie d’une certaine durée d’activité salariée antérieure et qu’il poursuit un projet de reconversion | 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38316439636338383933346237356132 | article101095 | 12 | La démission | Travail-Emploi | travail-emploi | La démission permet au salarié de rompre son contrat de travail à durée indéterminée de sa propre initiative , à condition de manifester clairement sa volonté de démissionner et de respecter le délai de préavis éventuellement prévu, sauf dispense accordée par l’employeur ou prévue par la loi, la convention collective (celle-ci peut, par exemple, prévoir que le salarié est libéré de son préavis lorsqu’il a trouvé un autre emploi) ou le contrat de travail. La démission n’est subordonnée à aucune autorisation préalable de l’employeur. Des facilités de recherche d’emploi peuvent être prévues par la convention collective . | 16/04/2025 | https://travail-emploi.gouv.fr/la-demission | [
"Le salarié peut-il « démissionner » dans le cadre d'un contrat à durée déterminée ?"
] | La qualification de « démission » est réservée à la rupture, à l’initiative du salarié, de son contrat de travail à durée indéterminée. Les salariés en CDD peuvent mettre fin par anticipation, à leur contrat de travail dans certaines situations limitativement énumérées.Des possibilités de rupture anticipée du contrat d’apprentissage sont également prévues à l’initiative de l’apprenti.Textes de référence Articles L. 1231-1, L. 1237-1, L. 1237-1-1, L. 1243-1 à L. 1243-3 et R. 1237-13 du Code du travailArticles L. 1225-34 (démission pendant la grossesse), L. 1225-66 (démission pour élever un enfant), L. 3142-109 (démission à la suite d’un congé ou d’une période de travail à temps partiel pour la création ou la reprise d'entreprise), L. 7112-5 (démission du journaliste faisant jouer la « clause de conscience »)Lire en complément La modification du contrat de travailLe licenciement : les motifsLes documents remis au salariéLe droit aux allocations de chômage du salarié démissionnaireLe contrat à durée déterminée | La démission
La démission permet au salarié de rompre son contrat de travail à durée indéterminée de sa propre initiative , à condition de manifester clairement sa volonté de démissionner et de respecter le délai de préavis éventuellement prévu, sauf dispense accordée par l’employeur ou prévue par la loi, la convention collective (celle-ci peut, par exemple, prévoir que le salarié est libéré de son préavis lorsqu’il a trouvé un autre emploi) ou le contrat de travail. La démission n’est subordonnée à aucune autorisation préalable de l’employeur. Des facilités de recherche d’emploi peuvent être prévues par la convention collective .
La qualification de « démission » est réservée à la rupture, à l’initiative du salarié, de son contrat de travail à durée indéterminée. Les salariés en CDD peuvent mettre fin par anticipation, à leur contrat de travail dans certaines situations limitativement énumérées.Des possibilités de rupture anticipée du contrat d’apprentissage sont également prévues à l’initiative de l’apprenti.Textes de référence Articles L. 1231-1, L. 1237-1, L. 1237-1-1, L. 1243-1 à L. 1243-3 et R. 1237-13 du Code du travailArticles L. 1225-34 (démission pendant la grossesse), L. 1225-66 (démission pour élever un enfant), L. 3142-109 (démission à la suite d’un congé ou d’une période de travail à temps partiel pour la création ou la reprise d'entreprise), L. 7112-5 (démission du journaliste faisant jouer la « clause de conscience »)Lire en complément La modification du contrat de travailLe licenciement : les motifsLes documents remis au salariéLe droit aux allocations de chômage du salarié démissionnaireLe contrat à durée déterminée | 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34626663333133336466383062663431 | article101095 | 13 | La démission | Travail-Emploi | travail-emploi | La démission permet au salarié de rompre son contrat de travail à durée indéterminée de sa propre initiative , à condition de manifester clairement sa volonté de démissionner et de respecter le délai de préavis éventuellement prévu, sauf dispense accordée par l’employeur ou prévue par la loi, la convention collective (celle-ci peut, par exemple, prévoir que le salarié est libéré de son préavis lorsqu’il a trouvé un autre emploi) ou le contrat de travail. La démission n’est subordonnée à aucune autorisation préalable de l’employeur. Des facilités de recherche d’emploi peuvent être prévues par la convention collective . | 16/04/2025 | https://travail-emploi.gouv.fr/la-demission | [
"Textes de référence"
] | Articles L. 1231-1, L. 1237-1, L. 1237-1-1, L. 1243-1 à L. 1243-3 et R. 1237-13 du Code du travailArticles L. 1225-34 (démission pendant la grossesse), L. 1225-66 (démission pour élever un enfant), L. 3142-109 (démission à la suite d’un congé ou d’une période de travail à temps partiel pour la création ou la reprise d'entreprise), L. 7112-5 (démission du journaliste faisant jouer la « clause de conscience ») | La démission
La démission permet au salarié de rompre son contrat de travail à durée indéterminée de sa propre initiative , à condition de manifester clairement sa volonté de démissionner et de respecter le délai de préavis éventuellement prévu, sauf dispense accordée par l’employeur ou prévue par la loi, la convention collective (celle-ci peut, par exemple, prévoir que le salarié est libéré de son préavis lorsqu’il a trouvé un autre emploi) ou le contrat de travail. La démission n’est subordonnée à aucune autorisation préalable de l’employeur. Des facilités de recherche d’emploi peuvent être prévues par la convention collective .
Articles L. 1231-1, L. 1237-1, L. 1237-1-1, L. 1243-1 à L. 1243-3 et R. 1237-13 du Code du travailArticles L. 1225-34 (démission pendant la grossesse), L. 1225-66 (démission pour élever un enfant), L. 3142-109 (démission à la suite d’un congé ou d’une période de travail à temps partiel pour la création ou la reprise d'entreprise), L. 7112-5 (démission du journaliste faisant jouer la « clause de conscience ») | 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66343534323164633563373734366165 | article101095 | 14 | La démission | Travail-Emploi | travail-emploi | La démission permet au salarié de rompre son contrat de travail à durée indéterminée de sa propre initiative , à condition de manifester clairement sa volonté de démissionner et de respecter le délai de préavis éventuellement prévu, sauf dispense accordée par l’employeur ou prévue par la loi, la convention collective (celle-ci peut, par exemple, prévoir que le salarié est libéré de son préavis lorsqu’il a trouvé un autre emploi) ou le contrat de travail. La démission n’est subordonnée à aucune autorisation préalable de l’employeur. Des facilités de recherche d’emploi peuvent être prévues par la convention collective . | 16/04/2025 | https://travail-emploi.gouv.fr/la-demission | [
"Lire en complément"
] | La modification du contrat de travailLe licenciement : les motifsLes documents remis au salariéLe droit aux allocations de chômage du salarié démissionnaireLe contrat à durée déterminée | La démission
La démission permet au salarié de rompre son contrat de travail à durée indéterminée de sa propre initiative , à condition de manifester clairement sa volonté de démissionner et de respecter le délai de préavis éventuellement prévu, sauf dispense accordée par l’employeur ou prévue par la loi, la convention collective (celle-ci peut, par exemple, prévoir que le salarié est libéré de son préavis lorsqu’il a trouvé un autre emploi) ou le contrat de travail. La démission n’est subordonnée à aucune autorisation préalable de l’employeur. Des facilités de recherche d’emploi peuvent être prévues par la convention collective .
La modification du contrat de travailLe licenciement : les motifsLes documents remis au salariéLe droit aux allocations de chômage du salarié démissionnaireLe contrat à durée déterminée | 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61363966643064626333323330613832 | article101099 | 0 | La définition du licenciement pour motif économique | Travail-Emploi | travail-emploi | Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise. | 14/11/2023 | https://travail-emploi.gouv.fr/la-definition-du-licenciement-pour-motif-economique | [
"La définition du licenciement pour motif économique (Web série droit du travail)"
] | Lire la retranscription textuelle La définition du licenciement pour motif économique a fait l'objet de nombreux débats et de plusieurs réformes. Quels sont les éléments de cette définition ? Quels en sont les périmètres d'appréciation et quels sont les critères d'ordre des licenciements ? C'est ce que nous allons voir. Bonjour, c'est Honorine et aujourd'hui je vais vous présenter la définition du licenciement économique et les notions qui y sont liées. Un épisode d'une série consacrée au droit du travail. Comme tout licenciement, le licenciement pour motif économique doit être motivé et justifié par une cause réelle et sérieuse. Le Code du travail en donne une définition assez longue. Pour bien la comprendre, le mieux est de distinguer la cause matérielle de la cause justificative. La cause matérielle est le motif concret matérialisant la situation à l'origine du licenciement. La cause justificative est l'explication des raisons de cette situation. Débutons par la cause matérielle. Selon l'article L. 1233-33 du Code du travail, constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié, résultant d'une suppression ou transformation d'emploi ou d'une modification refusée par le salarié d'un élément essentiel du contrat de travail. Reprenons ces trois éléments. Tout d'abord, la suppression d'emploi : elle peut résulter d'une suppression de poste pure et simple, mais aussi de la | La définition du licenciement pour motif économique
Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise.
Lire la retranscription textuelle La définition du licenciement pour motif économique a fait l'objet de nombreux débats et de plusieurs réformes. Quels sont les éléments de cette définition ? Quels en sont les périmètres d'appréciation et quels sont les critères d'ordre des licenciements ? C'est ce que nous allons voir. Bonjour, c'est Honorine et aujourd'hui je vais vous présenter la définition du licenciement économique et les notions qui y sont liées. Un épisode d'une série consacrée au droit du travail. Comme tout licenciement, le licenciement pour motif économique doit être motivé et justifié par une cause réelle et sérieuse. Le Code du travail en donne une définition assez longue. Pour bien la comprendre, le mieux est de distinguer la cause matérielle de la cause justificative. La cause matérielle est le motif concret matérialisant la situation à l'origine du licenciement. La cause justificative est l'explication des raisons de cette situation. Débutons par la cause matérielle. Selon l'article L. 1233-33 du Code du travail, constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié, résultant d'une suppression ou transformation d'emploi ou d'une modification refusée par le salarié d'un élément essentiel du contrat de travail. Reprenons ces trois éléments. Tout d'abord, la suppression d'emploi : elle peut résulter d'une suppression de poste pure et simple, mais aussi de la | 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65346564353664393064353539643635 | article101099 | 1 | La définition du licenciement pour motif économique | Travail-Emploi | travail-emploi | Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise. | 14/11/2023 | https://travail-emploi.gouv.fr/la-definition-du-licenciement-pour-motif-economique | [
"La définition du licenciement pour motif économique (Web série droit du travail)"
] | mais aussi de la répartition des tâches réalisées par le salarié licencié entre les autres salariés de l'entreprise. La suppression de poste n'implique pas forcément une diminution d'effectif. Une réorganisation de l'entreprise peut exiger la création de nouveaux emplois parallèlement à la suppression de certaines fonctions. En revanche, n'est pas fondé sur une cause économique le licenciement d'un salarié dont l'intégralité des tâches est reprise par son remplaçant. Ensuite, la transformation d’emplois, qui intéresse essentiellement les mutations technologiques : elle relève d'une modification de la nature de l'emploi comme des tâches nouvelles ou l'informatisation de certaines activités. Elle est rarement invoquée, sans doute parce que l'employeur qui l'invoque s'expose au grief de ne pas avoir correctement adapté les salariés à l'évolution de leur emploi. Enfin, le troisième motif relevant de la cause matérielle résulte des modifications qui touchent aux éléments essentiels du contrat de travail, c'est-à-dire la qualification, la rémunération et la durée du travail. Lorsqu'au moins 10 salariés ont refusé la modification et que leur licenciement est envisagé, celui-ci est soumis aux dispositions applicables en cas de licenciement collectif, c'est-à-dire l'obligation pour l'employeur d'élaborer un plan de sauvegarde de l'emploi que nous verrons dans un autre épisode. En cas de litige sur le caractère réel et sérieux des motifs invoqués par l'employeur à l’appui du | La définition du licenciement pour motif économique
Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise.
mais aussi de la répartition des tâches réalisées par le salarié licencié entre les autres salariés de l'entreprise. La suppression de poste n'implique pas forcément une diminution d'effectif. Une réorganisation de l'entreprise peut exiger la création de nouveaux emplois parallèlement à la suppression de certaines fonctions. En revanche, n'est pas fondé sur une cause économique le licenciement d'un salarié dont l'intégralité des tâches est reprise par son remplaçant. Ensuite, la transformation d’emplois, qui intéresse essentiellement les mutations technologiques : elle relève d'une modification de la nature de l'emploi comme des tâches nouvelles ou l'informatisation de certaines activités. Elle est rarement invoquée, sans doute parce que l'employeur qui l'invoque s'expose au grief de ne pas avoir correctement adapté les salariés à l'évolution de leur emploi. Enfin, le troisième motif relevant de la cause matérielle résulte des modifications qui touchent aux éléments essentiels du contrat de travail, c'est-à-dire la qualification, la rémunération et la durée du travail. Lorsqu'au moins 10 salariés ont refusé la modification et que leur licenciement est envisagé, celui-ci est soumis aux dispositions applicables en cas de licenciement collectif, c'est-à-dire l'obligation pour l'employeur d'élaborer un plan de sauvegarde de l'emploi que nous verrons dans un autre épisode. En cas de litige sur le caractère réel et sérieux des motifs invoqués par l'employeur à l’appui du | 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32393330393161626334343338666366 | article101099 | 7 | La définition du licenciement pour motif économique | Travail-Emploi | travail-emploi | Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise. | 14/11/2023 | https://travail-emploi.gouv.fr/la-definition-du-licenciement-pour-motif-economique | [
"La définition du licenciement pour motif économique (Web série droit du travail)"
] | licenciement pour motif économique doit être motivé et justifié par une cause réelle et sérieuse. Les difficultés économiquesSuppression ou transformation d’emploi, modification, refusée par le salarié, d’un élément essentiel de son contrat de travail doivent être consécutives, notamment, à des difficultés économiques. Comme le précise l'article L. 1233-3 du code du travail, celles-ci sont « caractérisées soit par l'évolution significative d'au moins un indicateur économique tel qu'une baisse des commandes ou du chiffre d'affaires, des pertes d'exploitation ou une dégradation de la trésorerie ou de l'excédent brut d'exploitation, soit par tout autre élément de nature à justifier de ces difficultés ». Toujours selon l’article L. 1233-3 précité, une baisse significative des commandes ou du chiffre d'affaires est constituée dès lors que la durée de cette baisse est, en comparaison avec la même période de l'année précédente, au moins égale à :Un trimestre pour une entreprise de moins de 11 salariés ;Deux trimestres consécutifs pour une entreprise d'au moins 11 salariés et de moins de 50 salariés ;Trois trimestres consécutifs pour une entreprise d'au moins 50 salariés et de moins de 300 salariés ;Quatre trimestres consécutifs pour une entreprise de 300 salariés et plus. La matérialité de la suppression, de la transformation d'emploi ou de la modification d'un élément essentiel du contrat de travail s'apprécie au niveau de l'entreprise. Lorsque n'est pas établie la réalité de | La définition du licenciement pour motif économique
Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise.
licenciement pour motif économique doit être motivé et justifié par une cause réelle et sérieuse. Les difficultés économiquesSuppression ou transformation d’emploi, modification, refusée par le salarié, d’un élément essentiel de son contrat de travail doivent être consécutives, notamment, à des difficultés économiques. Comme le précise l'article L. 1233-3 du code du travail, celles-ci sont « caractérisées soit par l'évolution significative d'au moins un indicateur économique tel qu'une baisse des commandes ou du chiffre d'affaires, des pertes d'exploitation ou une dégradation de la trésorerie ou de l'excédent brut d'exploitation, soit par tout autre élément de nature à justifier de ces difficultés ». Toujours selon l’article L. 1233-3 précité, une baisse significative des commandes ou du chiffre d'affaires est constituée dès lors que la durée de cette baisse est, en comparaison avec la même période de l'année précédente, au moins égale à :Un trimestre pour une entreprise de moins de 11 salariés ;Deux trimestres consécutifs pour une entreprise d'au moins 11 salariés et de moins de 50 salariés ;Trois trimestres consécutifs pour une entreprise d'au moins 50 salariés et de moins de 300 salariés ;Quatre trimestres consécutifs pour une entreprise de 300 salariés et plus. La matérialité de la suppression, de la transformation d'emploi ou de la modification d'un élément essentiel du contrat de travail s'apprécie au niveau de l'entreprise. Lorsque n'est pas établie la réalité de | 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38326132303235616330356233393335 | article101099 | 8 | La définition du licenciement pour motif économique | Travail-Emploi | travail-emploi | Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise. | 14/11/2023 | https://travail-emploi.gouv.fr/la-definition-du-licenciement-pour-motif-economique | [
"La définition du licenciement pour motif économique (Web série droit du travail)"
] | la réalité de l'indicateur économique relatif à la baisse du chiffre d'affaires ou des commandes au cours de la période de référence précédant le licenciement, telle que mentionnée ci-dessus, il appartient au juge, au vu de l'ensemble des éléments versés au dossier, de rechercher si les difficultés économiques sont caractérisées par l'évolution significative d'au moins un des autres indicateurs économiques énumérés par l’article L. 1233-3 du Code du travail (voir ci-dessus), tel que des pertes d'exploitation ou une dégradation de la trésorerie ou de l'excédent brut d'exploitation, ou tout autre élément de nature à justifier de ces difficultés (pour plus de précisions, se reporter à l’arrêt de la Cour de cassation du 21 septembre 2022). Comme le précise la Cour de cassation dans un arrêt du 1er juin 2022 auquel on se reportera pour plus de précisions, « la durée d'une baisse significative des commandes ou du chiffre d'affaires [...] de nature à caractériser des difficultés économiques, s'apprécie en comparant le niveau des commandes ou du chiffre d'affaires au cours de la période contemporaine de la notification de la rupture du contrat de travail par rapport à celui de l'année précédente à la même période. ». Pour une illustration de la dégradation de l’excédent brut d’exploitation, susceptible de justifier un licenciement économique, on se reportera à l’arrêt de la Cour de cassation du 1er février 2023. Les mutations technologiquesLa mutation technologique (acquisition de | La définition du licenciement pour motif économique
Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise.
la réalité de l'indicateur économique relatif à la baisse du chiffre d'affaires ou des commandes au cours de la période de référence précédant le licenciement, telle que mentionnée ci-dessus, il appartient au juge, au vu de l'ensemble des éléments versés au dossier, de rechercher si les difficultés économiques sont caractérisées par l'évolution significative d'au moins un des autres indicateurs économiques énumérés par l’article L. 1233-3 du Code du travail (voir ci-dessus), tel que des pertes d'exploitation ou une dégradation de la trésorerie ou de l'excédent brut d'exploitation, ou tout autre élément de nature à justifier de ces difficultés (pour plus de précisions, se reporter à l’arrêt de la Cour de cassation du 21 septembre 2022). Comme le précise la Cour de cassation dans un arrêt du 1er juin 2022 auquel on se reportera pour plus de précisions, « la durée d'une baisse significative des commandes ou du chiffre d'affaires [...] de nature à caractériser des difficultés économiques, s'apprécie en comparant le niveau des commandes ou du chiffre d'affaires au cours de la période contemporaine de la notification de la rupture du contrat de travail par rapport à celui de l'année précédente à la même période. ». Pour une illustration de la dégradation de l’excédent brut d’exploitation, susceptible de justifier un licenciement économique, on se reportera à l’arrêt de la Cour de cassation du 1er février 2023. Les mutations technologiquesLa mutation technologique (acquisition de | 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38316465663932376338393062363830 | article101099 | 9 | La définition du licenciement pour motif économique | Travail-Emploi | travail-emploi | Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise. | 14/11/2023 | https://travail-emploi.gouv.fr/la-definition-du-licenciement-pour-motif-economique | [
"La définition du licenciement pour motif économique (Web série droit du travail)"
] | (acquisition de nouveaux outils entraînant de nouvelles méthodes de travail, informatisation) peut également être la cause d’un licenciement économique. L’employeur est tenu - lorsque les mutations technologiques sont importantes et rapides - d’établir un plan d’adaptation au bénéfice des salariés. Obligations de l’employeurLe licenciement pour motif économique d'un salarié ne peut intervenir que lorsque tous les efforts de formation et d'adaptation ont été réalisés et que le reclassement de l'intéressé ne peut être opéré sur les emplois disponibles, situés sur le territoire national dans l'entreprise ou les autres entreprises du groupe dont l'entreprise fait partie et dont l'organisation, les activités ou le lieu d'exploitation (ce que l’on nomme « critères de permutabilité ») assurent la permutation de tout ou partie du personnel. Si le projet de licenciement donne lieu à l’établissement d’un plan de sauvegarde de l’emploi (PSE), l’employeur ne peut se limiter à communiquer aux salariés une proposition individualisée sur une liste de postes disponibles recensés dans le PSE ; comme le précise la Cour de cassation dans un arrêt du 15 mai 2024, il lui appartient, même quand un PSE a été établi et validé par l’administration, « de rechercher s'il existe des possibilités de reclassement prévues ou non dans ce plan et de faire des offres précises, concrètes et personnalisées à chacun des salariés dont le licenciement est envisagé, de chacun des emplois disponibles, correspondant | La définition du licenciement pour motif économique
Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise.
(acquisition de nouveaux outils entraînant de nouvelles méthodes de travail, informatisation) peut également être la cause d’un licenciement économique. L’employeur est tenu - lorsque les mutations technologiques sont importantes et rapides - d’établir un plan d’adaptation au bénéfice des salariés. Obligations de l’employeurLe licenciement pour motif économique d'un salarié ne peut intervenir que lorsque tous les efforts de formation et d'adaptation ont été réalisés et que le reclassement de l'intéressé ne peut être opéré sur les emplois disponibles, situés sur le territoire national dans l'entreprise ou les autres entreprises du groupe dont l'entreprise fait partie et dont l'organisation, les activités ou le lieu d'exploitation (ce que l’on nomme « critères de permutabilité ») assurent la permutation de tout ou partie du personnel. Si le projet de licenciement donne lieu à l’établissement d’un plan de sauvegarde de l’emploi (PSE), l’employeur ne peut se limiter à communiquer aux salariés une proposition individualisée sur une liste de postes disponibles recensés dans le PSE ; comme le précise la Cour de cassation dans un arrêt du 15 mai 2024, il lui appartient, même quand un PSE a été établi et validé par l’administration, « de rechercher s'il existe des possibilités de reclassement prévues ou non dans ce plan et de faire des offres précises, concrètes et personnalisées à chacun des salariés dont le licenciement est envisagé, de chacun des emplois disponibles, correspondant | 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34633466316537346532303038366362 | article101099 | 10 | La définition du licenciement pour motif économique | Travail-Emploi | travail-emploi | Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise. | 14/11/2023 | https://travail-emploi.gouv.fr/la-definition-du-licenciement-pour-motif-economique | [
"La définition du licenciement pour motif économique (Web série droit du travail)"
] | correspondant à leur qualification. » ;Pour l'application de cette disposition, la notion de groupe désigne le groupe formé par une entreprise appelée entreprise dominante et les entreprises qu'elle contrôle dans les conditions précisées par l’article L. 1233-4 du Code du travail et, dans le cas contraire, comme constitué par l'ensemble des entreprises implantées sur le territoire français. Le reclassement du salarié s'effectue sur un emploi relevant de la même catégorie que celui qu'il occupe ou sur un emploi équivalent assorti d'une rémunération équivalente. À défaut, et sous réserve de l'accord exprès du salarié, le reclassement s'effectue sur un emploi d'une catégorie inférieure. L'employeur adresse de manière personnalisée les offres de reclassement à chaque salarié ou diffuse par tout moyen une liste des postes disponibles à l'ensemble des salariés. Les offres de reclassement proposées au salarié sont écrites et précises. La réorganisation de l’entrepriseElle doit être nécessaire à la sauvegarde de la compétitivité de l’entreprise. Depuis l’intervention de la loi n° 2016-1088 du 8 août 2016, ce motif figure à l’article L. 1233-3 du code du travail. Auparavant, sa prise en compte était déjà admise par les tribunaux, sous réserve, notamment, que la décision n’ait pas pour seul objectif la recherche de bénéfices ou de profits supplémentaires (en ce sens, par exemple, arrêt de la Cour de cassation du 22 février 2006). Cadre d’appréciationLes difficultés économiques, les | La définition du licenciement pour motif économique
Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise.
correspondant à leur qualification. » ;Pour l'application de cette disposition, la notion de groupe désigne le groupe formé par une entreprise appelée entreprise dominante et les entreprises qu'elle contrôle dans les conditions précisées par l’article L. 1233-4 du Code du travail et, dans le cas contraire, comme constitué par l'ensemble des entreprises implantées sur le territoire français. Le reclassement du salarié s'effectue sur un emploi relevant de la même catégorie que celui qu'il occupe ou sur un emploi équivalent assorti d'une rémunération équivalente. À défaut, et sous réserve de l'accord exprès du salarié, le reclassement s'effectue sur un emploi d'une catégorie inférieure. L'employeur adresse de manière personnalisée les offres de reclassement à chaque salarié ou diffuse par tout moyen une liste des postes disponibles à l'ensemble des salariés. Les offres de reclassement proposées au salarié sont écrites et précises. La réorganisation de l’entrepriseElle doit être nécessaire à la sauvegarde de la compétitivité de l’entreprise. Depuis l’intervention de la loi n° 2016-1088 du 8 août 2016, ce motif figure à l’article L. 1233-3 du code du travail. Auparavant, sa prise en compte était déjà admise par les tribunaux, sous réserve, notamment, que la décision n’ait pas pour seul objectif la recherche de bénéfices ou de profits supplémentaires (en ce sens, par exemple, arrêt de la Cour de cassation du 22 février 2006). Cadre d’appréciationLes difficultés économiques, les | 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62373965363331633337613263623437 | article101099 | 11 | La définition du licenciement pour motif économique | Travail-Emploi | travail-emploi | Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise. | 14/11/2023 | https://travail-emploi.gouv.fr/la-definition-du-licenciement-pour-motif-economique | [
"La définition du licenciement pour motif économique (Web série droit du travail)"
] | économiques, les mutations technologiques ou la nécessité de sauvegarder la compétitivité de l'entreprise s'apprécient au niveau de cette entreprise si elle n'appartient pas à un groupe et, dans le cas contraire, au niveau du secteur d'activité commun au sien et à celui des entreprises du groupe auquel elle appartient, établies sur le territoire national, sauf fraude. Pour l'application de cette disposition, la notion de groupe désigne le groupe formé par une entreprise appelée entreprise dominante et les entreprises qu'elle contrôle dans les conditions précisées par l’article L. 1233-3 du Code du travail. Le secteur d'activité permettant d'apprécier la cause économique du licenciement est caractérisé, notamment, par la nature des produits biens ou services délivrés, la clientèle ciblée, les réseaux et modes de distribution, se rapportant à un même marché. La cessation d’activitéLa cessation d’activité de l’entreprise peut justifier un licenciement pour motif économique. Toutefois, le fait que la cessation d'activité de l'entreprise résulte de sa liquidation judiciaire ne prive pas le salarié de la possibilité d'invoquer l'existence d'une faute de l'employeur à l'origine de la cessation d'activité. S’il est démontré que ces agissements fautifs de l’employeur sont à l’origine des difficultés économiques et de la liquidation judiciaire, le licenciement pourrait être considéré comme dépourvu de cause réelle et sérieuse (en ce sens, voir l’arrêt de la Cour de cassation du 18 | La définition du licenciement pour motif économique
Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise.
économiques, les mutations technologiques ou la nécessité de sauvegarder la compétitivité de l'entreprise s'apprécient au niveau de cette entreprise si elle n'appartient pas à un groupe et, dans le cas contraire, au niveau du secteur d'activité commun au sien et à celui des entreprises du groupe auquel elle appartient, établies sur le territoire national, sauf fraude. Pour l'application de cette disposition, la notion de groupe désigne le groupe formé par une entreprise appelée entreprise dominante et les entreprises qu'elle contrôle dans les conditions précisées par l’article L. 1233-3 du Code du travail. Le secteur d'activité permettant d'apprécier la cause économique du licenciement est caractérisé, notamment, par la nature des produits biens ou services délivrés, la clientèle ciblée, les réseaux et modes de distribution, se rapportant à un même marché. La cessation d’activitéLa cessation d’activité de l’entreprise peut justifier un licenciement pour motif économique. Toutefois, le fait que la cessation d'activité de l'entreprise résulte de sa liquidation judiciaire ne prive pas le salarié de la possibilité d'invoquer l'existence d'une faute de l'employeur à l'origine de la cessation d'activité. S’il est démontré que ces agissements fautifs de l’employeur sont à l’origine des difficultés économiques et de la liquidation judiciaire, le licenciement pourrait être considéré comme dépourvu de cause réelle et sérieuse (en ce sens, voir l’arrêt de la Cour de cassation du 18 | 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65396564663831376533333239626631 | article101099 | 12 | La définition du licenciement pour motif économique | Travail-Emploi | travail-emploi | Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise. | 14/11/2023 | https://travail-emploi.gouv.fr/la-definition-du-licenciement-pour-motif-economique | [
"La définition du licenciement pour motif économique (Web série droit du travail)"
] | de cassation du 18 janvier 2023). La suppression d'emploiIl peut s'agir d'une suppression de poste pure et simple mais aussi de la répartition des tâches réalisées par le salarié licencié entre les autres salariés de l'entreprise. La suppression de poste n'implique pas forcément une diminution d'effectif : une réorganisation de l'entreprise peut exiger la création de nouveaux emplois parallèlement à la suppression de certaines fonctions. En revanche, n'est pas fondé sur une cause économique, le licenciement d'un salarié dont l'intégralité des tâches est reprise par son remplaçant. La transformation d'emploiLa transformation d'emploi - qui peut entraîner une modification du contrat de travail - est une modification de la nature de l'emploi : tâches nouvelles, informatisation... La modification d'un élément essentiel du contrat de travailIl s'agit des modifications qui touchent un ou des éléments essentiels du contrat de travail (et, en premier lieu, la qualification, la rémunération et la durée du travail) et qui sont refusées par le salarié. Lorsqu’au moins 10 salariés ont refusé la modification d’un élément essentiel de leur contrat de travail proposée par leur employeur pour un motif économique et que leur licenciement est envisagé, celui-ci est soumis aux dispositions applicables en cas de licenciement collectif pour motif économique (obligation pour l’employeur d’élaborer un plan de sauvegarde de l’emploi). En cas de litige sur le caractère réel et sérieux des motifs | La définition du licenciement pour motif économique
Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise.
de cassation du 18 janvier 2023). La suppression d'emploiIl peut s'agir d'une suppression de poste pure et simple mais aussi de la répartition des tâches réalisées par le salarié licencié entre les autres salariés de l'entreprise. La suppression de poste n'implique pas forcément une diminution d'effectif : une réorganisation de l'entreprise peut exiger la création de nouveaux emplois parallèlement à la suppression de certaines fonctions. En revanche, n'est pas fondé sur une cause économique, le licenciement d'un salarié dont l'intégralité des tâches est reprise par son remplaçant. La transformation d'emploiLa transformation d'emploi - qui peut entraîner une modification du contrat de travail - est une modification de la nature de l'emploi : tâches nouvelles, informatisation... La modification d'un élément essentiel du contrat de travailIl s'agit des modifications qui touchent un ou des éléments essentiels du contrat de travail (et, en premier lieu, la qualification, la rémunération et la durée du travail) et qui sont refusées par le salarié. Lorsqu’au moins 10 salariés ont refusé la modification d’un élément essentiel de leur contrat de travail proposée par leur employeur pour un motif économique et que leur licenciement est envisagé, celui-ci est soumis aux dispositions applicables en cas de licenciement collectif pour motif économique (obligation pour l’employeur d’élaborer un plan de sauvegarde de l’emploi). En cas de litige sur le caractère réel et sérieux des motifs | 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|
36373033333132343564323835366337 | article101099 | 13 | La définition du licenciement pour motif économique | Travail-Emploi | travail-emploi | Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise. | 14/11/2023 | https://travail-emploi.gouv.fr/la-definition-du-licenciement-pour-motif-economique | [
"La définition du licenciement pour motif économique (Web série droit du travail)"
] | sérieux des motifs invoqués par l'employeur à l’appui du licenciement, le juge se détermine au vu des éléments fournis par les parties, après avoir ordonné, au besoin, toutes les mesures d'instruction qu'il estime utiles. Si un doute subsiste, il profite au salarié.Téléchargement Questions-Réponses | La rupture du contrat de travail (PDF - 594. 23 Ko)Qui contacter ? Inspection du travailTextes de référence Articles L. 1233-1 à L. 1233-4, L. 1233-25, L. 1236-1, L. 2323-14 et D. 1233-2-1 du Code du travailLire en complément L’ordre des licenciements | La définition du licenciement pour motif économique
Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise.
sérieux des motifs invoqués par l'employeur à l’appui du licenciement, le juge se détermine au vu des éléments fournis par les parties, après avoir ordonné, au besoin, toutes les mesures d'instruction qu'il estime utiles. Si un doute subsiste, il profite au salarié.Téléchargement Questions-Réponses | La rupture du contrat de travail (PDF - 594. 23 Ko)Qui contacter ? Inspection du travailTextes de référence Articles L. 1233-1 à L. 1233-4, L. 1233-25, L. 1236-1, L. 2323-14 et D. 1233-2-1 du Code du travailLire en complément L’ordre des licenciements | 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|
36626230393438326537306136316461 | article101099 | 14 | La définition du licenciement pour motif économique | Travail-Emploi | travail-emploi | Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise. | 14/11/2023 | https://travail-emploi.gouv.fr/la-definition-du-licenciement-pour-motif-economique | [
"Les difficultés économiques"
] | Suppression ou transformation d’emploi, modification, refusée par le salarié, d’un élément essentiel de son contrat de travail doivent être consécutives, notamment, à des difficultés économiques. Comme le précise l'article L. 1233-3 du code du travail, celles-ci sont « caractérisées soit par l'évolution significative d'au moins un indicateur économique tel qu'une baisse des commandes ou du chiffre d'affaires, des pertes d'exploitation ou une dégradation de la trésorerie ou de l'excédent brut d'exploitation, soit par tout autre élément de nature à justifier de ces difficultés ».Toujours selon l’article L. 1233-3 précité, une baisse significative des commandes ou du chiffre d'affaires est constituée dès lors que la durée de cette baisse est, en comparaison avec la même période de l'année précédente, au moins égale à :Un trimestre pour une entreprise de moins de 11 salariés ;Deux trimestres consécutifs pour une entreprise d'au moins 11 salariés et de moins de 50 salariés ;Trois trimestres consécutifs pour une entreprise d'au moins 50 salariés et de moins de 300 salariés ;Quatre trimestres consécutifs pour une entreprise de 300 salariés et plus.La matérialité de la suppression, de la transformation d'emploi ou de la modification d'un élément essentiel du contrat de travail s'apprécie au niveau de l'entreprise. Lorsque n'est pas établie la réalité de l'indicateur économique relatif à la baisse du chiffre d'affaires ou des commandes au cours de la période de référence précédant | La définition du licenciement pour motif économique
Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise.
Suppression ou transformation d’emploi, modification, refusée par le salarié, d’un élément essentiel de son contrat de travail doivent être consécutives, notamment, à des difficultés économiques. Comme le précise l'article L. 1233-3 du code du travail, celles-ci sont « caractérisées soit par l'évolution significative d'au moins un indicateur économique tel qu'une baisse des commandes ou du chiffre d'affaires, des pertes d'exploitation ou une dégradation de la trésorerie ou de l'excédent brut d'exploitation, soit par tout autre élément de nature à justifier de ces difficultés ».Toujours selon l’article L. 1233-3 précité, une baisse significative des commandes ou du chiffre d'affaires est constituée dès lors que la durée de cette baisse est, en comparaison avec la même période de l'année précédente, au moins égale à :Un trimestre pour une entreprise de moins de 11 salariés ;Deux trimestres consécutifs pour une entreprise d'au moins 11 salariés et de moins de 50 salariés ;Trois trimestres consécutifs pour une entreprise d'au moins 50 salariés et de moins de 300 salariés ;Quatre trimestres consécutifs pour une entreprise de 300 salariés et plus.La matérialité de la suppression, de la transformation d'emploi ou de la modification d'un élément essentiel du contrat de travail s'apprécie au niveau de l'entreprise. Lorsque n'est pas établie la réalité de l'indicateur économique relatif à la baisse du chiffre d'affaires ou des commandes au cours de la période de référence précédant | 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61373861333364633134393264636436 | article101099 | 15 | La définition du licenciement pour motif économique | Travail-Emploi | travail-emploi | Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise. | 14/11/2023 | https://travail-emploi.gouv.fr/la-definition-du-licenciement-pour-motif-economique | [
"Les difficultés économiques"
] | référence précédant le licenciement, telle que mentionnée ci-dessus, il appartient au juge, au vu de l'ensemble des éléments versés au dossier, de rechercher si les difficultés économiques sont caractérisées par l'évolution significative d'au moins un des autres indicateurs économiques énumérés par l’article L. 1233-3 du Code du travail (voir ci-dessus), tel que des pertes d'exploitation ou une dégradation de la trésorerie ou de l'excédent brut d'exploitation, ou tout autre élément de nature à justifier de ces difficultés (pour plus de précisions, se reporter à l’arrêt de la Cour de cassation du 21 septembre 2022). Comme le précise la Cour de cassation dans un arrêt du 1er juin 2022 auquel on se reportera pour plus de précisions, « la durée d'une baisse significative des commandes ou du chiffre d'affaires [...] de nature à caractériser des difficultés économiques, s'apprécie en comparant le niveau des commandes ou du chiffre d'affaires au cours de la période contemporaine de la notification de la rupture du contrat de travail par rapport à celui de l'année précédente à la même période. ». Pour une illustration de la dégradation de l’excédent brut d’exploitation, susceptible de justifier un licenciement économique, on se reportera à l’arrêt de la Cour de cassation du 1er février 2023. | La définition du licenciement pour motif économique
Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise.
référence précédant le licenciement, telle que mentionnée ci-dessus, il appartient au juge, au vu de l'ensemble des éléments versés au dossier, de rechercher si les difficultés économiques sont caractérisées par l'évolution significative d'au moins un des autres indicateurs économiques énumérés par l’article L. 1233-3 du Code du travail (voir ci-dessus), tel que des pertes d'exploitation ou une dégradation de la trésorerie ou de l'excédent brut d'exploitation, ou tout autre élément de nature à justifier de ces difficultés (pour plus de précisions, se reporter à l’arrêt de la Cour de cassation du 21 septembre 2022). Comme le précise la Cour de cassation dans un arrêt du 1er juin 2022 auquel on se reportera pour plus de précisions, « la durée d'une baisse significative des commandes ou du chiffre d'affaires [...] de nature à caractériser des difficultés économiques, s'apprécie en comparant le niveau des commandes ou du chiffre d'affaires au cours de la période contemporaine de la notification de la rupture du contrat de travail par rapport à celui de l'année précédente à la même période. ». Pour une illustration de la dégradation de l’excédent brut d’exploitation, susceptible de justifier un licenciement économique, on se reportera à l’arrêt de la Cour de cassation du 1er février 2023. | 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64353332346337313039313466326566 | article200159 | 2 | La ventilation : principes généraux | Travail-Emploi | travail-emploi | Les règles techniques générales de ventilation ou celles applicables à un type d'activité ou de polluant sont précisément décrites dans les guides de ventilation de l' Institut national de recherche et de sécurité (INRS) référencés à la fin de cette fiche. Il convient de s'y reporter préalablement à l’installation d’un dispositif de ventilation. Toute installation d'un système de captage , surtout si elle concerne l'ensemble d'un atelier, doit être confiée à un bureau d'étude spécialisé , à partir d'un cahier des charges spécifique, réalisé le cas échéant avec l'aide de la Caisse d'assurance retraite et de la santé au travail (CARSAT) . | 08/01/2009 | https://travail-emploi.gouv.fr/la-ventilation-principes-generaux | [
"Comment capter les polluants ?"
] | utiliser des passerelles.Cabines ouvertes aménagées de manière à permettre le travail sans avoir à contourner l’objetExemple : les objets de petite dimension pourront par exemple être posés sur un axe pivotant tandis que des objets plus gros pourront être accrochés à des ponts de levage ou des rails équipés de dispositifs de préhension permettant leur rotation.Il faut également veiller à l'organisation des opérations périphériques au poste de travail :Eviter que les peintres posent les pièces à sécher derrière eux. La phase de «désolvatation » produit en effet des vapeurs de solvant en grande quantité. Ces vapeurs sont attirées par le système de captage de la cabine de peinture et inhalées par l’opérateur qui se trouve placé entre les deuxAménager les phases de préparation des mélanges ou de nettoyage des appareils (pistolets...) souvent effectuées hors cabine à proximité du poste de travail.Utiliser les mouvements naturels des polluantsCe principe s'applique particulièrement aux poussières émises avec des outils tournant à grande vitesse (meuleuses, scies, ponceuses...).Les poussières projetées possèdent une vitesse initiale élevée et peuvent parcourir, surtout les plus grosses, des distances importantes. Les poussières plus fines sont entraînées dans le sillage des plus grosses.Le dispositif de captage doit profiter de ce mouvement naturel et se trouver dans la trajectoire des poussières afin de pouvoir aspirer les petites (en partie) comme les grosses.Induire une vitesse | La ventilation : principes généraux
Les règles techniques générales de ventilation ou celles applicables à un type d'activité ou de polluant sont précisément décrites dans les guides de ventilation de l' Institut national de recherche et de sécurité (INRS) référencés à la fin de cette fiche. Il convient de s'y reporter préalablement à l’installation d’un dispositif de ventilation. Toute installation d'un système de captage , surtout si elle concerne l'ensemble d'un atelier, doit être confiée à un bureau d'étude spécialisé , à partir d'un cahier des charges spécifique, réalisé le cas échéant avec l'aide de la Caisse d'assurance retraite et de la santé au travail (CARSAT) .
utiliser des passerelles.Cabines ouvertes aménagées de manière à permettre le travail sans avoir à contourner l’objetExemple : les objets de petite dimension pourront par exemple être posés sur un axe pivotant tandis que des objets plus gros pourront être accrochés à des ponts de levage ou des rails équipés de dispositifs de préhension permettant leur rotation.Il faut également veiller à l'organisation des opérations périphériques au poste de travail :Eviter que les peintres posent les pièces à sécher derrière eux. La phase de «désolvatation » produit en effet des vapeurs de solvant en grande quantité. Ces vapeurs sont attirées par le système de captage de la cabine de peinture et inhalées par l’opérateur qui se trouve placé entre les deuxAménager les phases de préparation des mélanges ou de nettoyage des appareils (pistolets...) souvent effectuées hors cabine à proximité du poste de travail.Utiliser les mouvements naturels des polluantsCe principe s'applique particulièrement aux poussières émises avec des outils tournant à grande vitesse (meuleuses, scies, ponceuses...).Les poussières projetées possèdent une vitesse initiale élevée et peuvent parcourir, surtout les plus grosses, des distances importantes. Les poussières plus fines sont entraînées dans le sillage des plus grosses.Le dispositif de captage doit profiter de ce mouvement naturel et se trouver dans la trajectoire des poussières afin de pouvoir aspirer les petites (en partie) comme les grosses.Induire une vitesse | 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32396430666536313063386165613765 | article101099 | 16 | La définition du licenciement pour motif économique | Travail-Emploi | travail-emploi | Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise. | 14/11/2023 | https://travail-emploi.gouv.fr/la-definition-du-licenciement-pour-motif-economique | [
"Les mutations technologiques"
] | La mutation technologique (acquisition de nouveaux outils entraînant de nouvelles méthodes de travail, informatisation) peut également être la cause d’un licenciement économique.L’employeur est tenu - lorsque les mutations technologiques sont importantes et rapides - d’établir un plan d’adaptation au bénéfice des salariés.Obligations de l’employeurLe licenciement pour motif économique d'un salarié ne peut intervenir que lorsque tous les efforts de formation et d'adaptation ont été réalisés et que le reclassement de l'intéressé ne peut être opéré sur les emplois disponibles, situés sur le territoire national dans l'entreprise ou les autres entreprises du groupe dont l'entreprise fait partie et dont l'organisation, les activités ou le lieu d'exploitation (ce que l’on nomme « critères de permutabilité ») assurent la permutation de tout ou partie du personnel. Si le projet de licenciement donne lieu à l’établissement d’un plan de sauvegarde de l’emploi (PSE), l’employeur ne peut se limiter à communiquer aux salariés une proposition individualisée sur une liste de postes disponibles recensés dans le PSE ; comme le précise la Cour de cassation dans un arrêt du 15 mai 2024, il lui appartient, même quand un PSE a été établi et validé par l’administration, « de rechercher s'il existe des possibilités de reclassement prévues ou non dans ce plan et de faire des offres précises, concrètes et personnalisées à chacun des salariés dont le licenciement est envisagé, de chacun des emplois | La définition du licenciement pour motif économique
Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise.
La mutation technologique (acquisition de nouveaux outils entraînant de nouvelles méthodes de travail, informatisation) peut également être la cause d’un licenciement économique.L’employeur est tenu - lorsque les mutations technologiques sont importantes et rapides - d’établir un plan d’adaptation au bénéfice des salariés.Obligations de l’employeurLe licenciement pour motif économique d'un salarié ne peut intervenir que lorsque tous les efforts de formation et d'adaptation ont été réalisés et que le reclassement de l'intéressé ne peut être opéré sur les emplois disponibles, situés sur le territoire national dans l'entreprise ou les autres entreprises du groupe dont l'entreprise fait partie et dont l'organisation, les activités ou le lieu d'exploitation (ce que l’on nomme « critères de permutabilité ») assurent la permutation de tout ou partie du personnel. Si le projet de licenciement donne lieu à l’établissement d’un plan de sauvegarde de l’emploi (PSE), l’employeur ne peut se limiter à communiquer aux salariés une proposition individualisée sur une liste de postes disponibles recensés dans le PSE ; comme le précise la Cour de cassation dans un arrêt du 15 mai 2024, il lui appartient, même quand un PSE a été établi et validé par l’administration, « de rechercher s'il existe des possibilités de reclassement prévues ou non dans ce plan et de faire des offres précises, concrètes et personnalisées à chacun des salariés dont le licenciement est envisagé, de chacun des emplois | 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64366535383638356365356461623466 | article101099 | 17 | La définition du licenciement pour motif économique | Travail-Emploi | travail-emploi | Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise. | 14/11/2023 | https://travail-emploi.gouv.fr/la-definition-du-licenciement-pour-motif-economique | [
"Les mutations technologiques"
] | chacun des emplois disponibles, correspondant à leur qualification. » ;Pour l'application de cette disposition, la notion de groupe désigne le groupe formé par une entreprise appelée entreprise dominante et les entreprises qu'elle contrôle dans les conditions précisées par l’article L. 1233-4 du Code du travail et, dans le cas contraire, comme constitué par l'ensemble des entreprises implantées sur le territoire français. Le reclassement du salarié s'effectue sur un emploi relevant de la même catégorie que celui qu'il occupe ou sur un emploi équivalent assorti d'une rémunération équivalente. À défaut, et sous réserve de l'accord exprès du salarié, le reclassement s'effectue sur un emploi d'une catégorie inférieure. L'employeur adresse de manière personnalisée les offres de reclassement à chaque salarié ou diffuse par tout moyen une liste des postes disponibles à l'ensemble des salariés. Les offres de reclassement proposées au salarié sont écrites et précises. | La définition du licenciement pour motif économique
Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise.
chacun des emplois disponibles, correspondant à leur qualification. » ;Pour l'application de cette disposition, la notion de groupe désigne le groupe formé par une entreprise appelée entreprise dominante et les entreprises qu'elle contrôle dans les conditions précisées par l’article L. 1233-4 du Code du travail et, dans le cas contraire, comme constitué par l'ensemble des entreprises implantées sur le territoire français. Le reclassement du salarié s'effectue sur un emploi relevant de la même catégorie que celui qu'il occupe ou sur un emploi équivalent assorti d'une rémunération équivalente. À défaut, et sous réserve de l'accord exprès du salarié, le reclassement s'effectue sur un emploi d'une catégorie inférieure. L'employeur adresse de manière personnalisée les offres de reclassement à chaque salarié ou diffuse par tout moyen une liste des postes disponibles à l'ensemble des salariés. Les offres de reclassement proposées au salarié sont écrites et précises. | 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33353138616437333539306662363331 | article101099 | 18 | La définition du licenciement pour motif économique | Travail-Emploi | travail-emploi | Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise. | 14/11/2023 | https://travail-emploi.gouv.fr/la-definition-du-licenciement-pour-motif-economique | [
"La réorganisation de l’entreprise"
] | Elle doit être nécessaire à la sauvegarde de la compétitivité de l’entreprise. Depuis l’intervention de la loi n° 2016-1088 du 8 août 2016, ce motif figure à l’article L. 1233-3 du code du travail. Auparavant, sa prise en compte était déjà admise par les tribunaux, sous réserve, notamment, que la décision n’ait pas pour seul objectif la recherche de bénéfices ou de profits supplémentaires (en ce sens, par exemple, arrêt de la Cour de cassation du 22 février 2006).Cadre d’appréciationLes difficultés économiques, les mutations technologiques ou la nécessité de sauvegarder la compétitivité de l'entreprise s'apprécient au niveau de cette entreprise si elle n'appartient pas à un groupe et, dans le cas contraire, au niveau du secteur d'activité commun au sien et à celui des entreprises du groupe auquel elle appartient, établies sur le territoire national, sauf fraude. Pour l'application de cette disposition, la notion de groupe désigne le groupe formé par une entreprise appelée entreprise dominante et les entreprises qu'elle contrôle dans les conditions précisées par l’article L. 1233-3 du Code du travail. Le secteur d'activité permettant d'apprécier la cause économique du licenciement est caractérisé, notamment, par la nature des produits biens ou services délivrés, la clientèle ciblée, les réseaux et modes de distribution, se rapportant à un même marché. | La définition du licenciement pour motif économique
Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise.
Elle doit être nécessaire à la sauvegarde de la compétitivité de l’entreprise. Depuis l’intervention de la loi n° 2016-1088 du 8 août 2016, ce motif figure à l’article L. 1233-3 du code du travail. Auparavant, sa prise en compte était déjà admise par les tribunaux, sous réserve, notamment, que la décision n’ait pas pour seul objectif la recherche de bénéfices ou de profits supplémentaires (en ce sens, par exemple, arrêt de la Cour de cassation du 22 février 2006).Cadre d’appréciationLes difficultés économiques, les mutations technologiques ou la nécessité de sauvegarder la compétitivité de l'entreprise s'apprécient au niveau de cette entreprise si elle n'appartient pas à un groupe et, dans le cas contraire, au niveau du secteur d'activité commun au sien et à celui des entreprises du groupe auquel elle appartient, établies sur le territoire national, sauf fraude. Pour l'application de cette disposition, la notion de groupe désigne le groupe formé par une entreprise appelée entreprise dominante et les entreprises qu'elle contrôle dans les conditions précisées par l’article L. 1233-3 du Code du travail. Le secteur d'activité permettant d'apprécier la cause économique du licenciement est caractérisé, notamment, par la nature des produits biens ou services délivrés, la clientèle ciblée, les réseaux et modes de distribution, se rapportant à un même marché. | 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33353138363865343065303561613563 | article101099 | 19 | La définition du licenciement pour motif économique | Travail-Emploi | travail-emploi | Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise. | 14/11/2023 | https://travail-emploi.gouv.fr/la-definition-du-licenciement-pour-motif-economique | [
"La cessation d’activité"
] | La cessation d’activité de l’entreprise peut justifier un licenciement pour motif économique. Toutefois, le fait que la cessation d'activité de l'entreprise résulte de sa liquidation judiciaire ne prive pas le salarié de la possibilité d'invoquer l'existence d'une faute de l'employeur à l'origine de la cessation d'activité. S’il est démontré que ces agissements fautifs de l’employeur sont à l’origine des difficultés économiques et de la liquidation judiciaire, le licenciement pourrait être considéré comme dépourvu de cause réelle et sérieuse (en ce sens, voir l’arrêt de la Cour de cassation du 18 janvier 2023). | La définition du licenciement pour motif économique
Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise.
La cessation d’activité de l’entreprise peut justifier un licenciement pour motif économique. Toutefois, le fait que la cessation d'activité de l'entreprise résulte de sa liquidation judiciaire ne prive pas le salarié de la possibilité d'invoquer l'existence d'une faute de l'employeur à l'origine de la cessation d'activité. S’il est démontré que ces agissements fautifs de l’employeur sont à l’origine des difficultés économiques et de la liquidation judiciaire, le licenciement pourrait être considéré comme dépourvu de cause réelle et sérieuse (en ce sens, voir l’arrêt de la Cour de cassation du 18 janvier 2023). | 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64346366356365366264313137656537 | article101099 | 20 | La définition du licenciement pour motif économique | Travail-Emploi | travail-emploi | Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise. | 14/11/2023 | https://travail-emploi.gouv.fr/la-definition-du-licenciement-pour-motif-economique | [
"La suppression d'emploi"
] | Il peut s'agir d'une suppression de poste pure et simple mais aussi de la répartition des tâches réalisées par le salarié licencié entre les autres salariés de l'entreprise.La suppression de poste n'implique pas forcément une diminution d'effectif : une réorganisation de l'entreprise peut exiger la création de nouveaux emplois parallèlement à la suppression de certaines fonctions.En revanche, n'est pas fondé sur une cause économique, le licenciement d'un salarié dont l'intégralité des tâches est reprise par son remplaçant. | La définition du licenciement pour motif économique
Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise.
Il peut s'agir d'une suppression de poste pure et simple mais aussi de la répartition des tâches réalisées par le salarié licencié entre les autres salariés de l'entreprise.La suppression de poste n'implique pas forcément une diminution d'effectif : une réorganisation de l'entreprise peut exiger la création de nouveaux emplois parallèlement à la suppression de certaines fonctions.En revanche, n'est pas fondé sur une cause économique, le licenciement d'un salarié dont l'intégralité des tâches est reprise par son remplaçant. | 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38616163646436323736623465323166 | article101099 | 21 | La définition du licenciement pour motif économique | Travail-Emploi | travail-emploi | Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise. | 14/11/2023 | https://travail-emploi.gouv.fr/la-definition-du-licenciement-pour-motif-economique | [
"La transformation d'emploi"
] | La transformation d'emploi - qui peut entraîner une modification du contrat de travail - est une modification de la nature de l'emploi : tâches nouvelles, informatisation... | La définition du licenciement pour motif économique
Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise.
La transformation d'emploi - qui peut entraîner une modification du contrat de travail - est une modification de la nature de l'emploi : tâches nouvelles, informatisation... | 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34636436356633323533353534376437 | article101099 | 22 | La définition du licenciement pour motif économique | Travail-Emploi | travail-emploi | Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise. | 14/11/2023 | https://travail-emploi.gouv.fr/la-definition-du-licenciement-pour-motif-economique | [
"La modification d'un élément essentiel du contrat de travail"
] | Il s'agit des modifications qui touchent un ou des éléments essentiels du contrat de travail (et, en premier lieu, la qualification, la rémunération et la durée du travail) et qui sont refusées par le salarié.Lorsqu’au moins 10 salariés ont refusé la modification d’un élément essentiel de leur contrat de travail proposée par leur employeur pour un motif économique et que leur licenciement est envisagé, celui-ci est soumis aux dispositions applicables en cas de licenciement collectif pour motif économique (obligation pour l’employeur d’élaborer un plan de sauvegarde de l’emploi).En cas de litige sur le caractère réel et sérieux des motifs invoqués par l'employeur à l’appui du licenciement, le juge se détermine au vu des éléments fournis par les parties, après avoir ordonné, au besoin, toutes les mesures d'instruction qu'il estime utiles. Si un doute subsiste, il profite au salarié. | La définition du licenciement pour motif économique
Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise.
Il s'agit des modifications qui touchent un ou des éléments essentiels du contrat de travail (et, en premier lieu, la qualification, la rémunération et la durée du travail) et qui sont refusées par le salarié.Lorsqu’au moins 10 salariés ont refusé la modification d’un élément essentiel de leur contrat de travail proposée par leur employeur pour un motif économique et que leur licenciement est envisagé, celui-ci est soumis aux dispositions applicables en cas de licenciement collectif pour motif économique (obligation pour l’employeur d’élaborer un plan de sauvegarde de l’emploi).En cas de litige sur le caractère réel et sérieux des motifs invoqués par l'employeur à l’appui du licenciement, le juge se détermine au vu des éléments fournis par les parties, après avoir ordonné, au besoin, toutes les mesures d'instruction qu'il estime utiles. Si un doute subsiste, il profite au salarié. | 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39353331323732313736396234633965 | article101099 | 23 | La définition du licenciement pour motif économique | Travail-Emploi | travail-emploi | Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise. | 14/11/2023 | https://travail-emploi.gouv.fr/la-definition-du-licenciement-pour-motif-economique | [
"Téléchargement"
] | Questions-Réponses | La rupture du contrat de travail (PDF - 594. 23 Ko) | La définition du licenciement pour motif économique
Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise.
Questions-Réponses | La rupture du contrat de travail (PDF - 594. 23 Ko) | 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61626234333637373939326564613132 | article101101 | 4 | La procédure en cas de licenciement individuel pour motif économique | Travail-Emploi | travail-emploi | Tout employeur qui envisage de rompre - après la période d'essai - le contrat de travail à durée indéterminée d'un seul salarié pour un motif économique doit respecter les règles concernant : le reclassement du salarié ; l'ordre des licenciements ; la convocation du salarié à un entretien préalable avant toute décision ; la notification du licenciement ; l'information de la Direction régionale de l’économie, de l’emploi, du travail et des solidarités (DREETS* – DDETS ; voir ci-après) ; le préavis. * DREETS : toutes les fois où il est cité, le mot DREETS se réfère aux différentes directions régionales de l’économie, de l’emploi, du travail et des solidarités (DREETS) compétentes sur le territoire métropolitain, y compris la direction régionale interdépartementale de l’économie, de l’emploi, du travail et des solidarités compétente en Ile-de-France (DRIEETS), aux directions de l’économie, de l’emploi, du travail et des solidarités (DEETS) compétentes en Guadeloupe, Martinique, à La Réunion et à Mayotte et à la direction générale Cohésion et population (DGCOPOP) compétente en Guyane. | 16/04/2025 | https://travail-emploi.gouv.fr/la-procedure-en-cas-de-licenciement-individuel-pour-motif-economique | [
"En quoi consiste l’entretien préalable au licenciement ?"
] | au personnel de l’entreprise, soit par un conseiller du salarié. La lettre doit préciser l’adresse des services (mairie et inspection du travail) où la liste des conseillers est tenue à la disposition des salariés.Le défaut d'indication dans la lettre de convocation de ces mentions obligatoires est considéré comme une irrégularité de procédure et est sanctionné par le versement au salarié d'une indemnité au plus égale à un mois de salaire.Au cours de l'entretien, l'employeur doit expliquer avec précision au salarié le motif économique du licenciement. Il invite le salarié à s’exprimer sur la mesure envisagée ainsi que sur le motif économique.C’est également au cours de l’entretien préalable que l’employeur doit informer le salarié du contenu et des modalités de mise en œuvre des dispositifs spécifiques de reclassement dont il peut bénéficier : le contrat de sécurisation professionnelle (CSP) si l’entreprise compte moins de 1 000 salariés ou s’il s’agit d’une entreprise en redressement ou liquidation judiciaire quel que soit son effectif. Lors de l’entretien, l’employeur doit remettre au salarié une note d’information sur ce dispositif. Le salarié dispose d’un délai de 21 jours calendaires pour accepter le CSP ;le congé de reclassement si l’entreprise (ou l’établissement) compte au moins 1 000 salariés, ou qu’elle appartient à un groupe d’au moins 1 000 salariés. | La procédure en cas de licenciement individuel pour motif économique
Tout employeur qui envisage de rompre - après la période d'essai - le contrat de travail à durée indéterminée d'un seul salarié pour un motif économique doit respecter les règles concernant : le reclassement du salarié ; l'ordre des licenciements ; la convocation du salarié à un entretien préalable avant toute décision ; la notification du licenciement ; l'information de la Direction régionale de l’économie, de l’emploi, du travail et des solidarités (DREETS* – DDETS ; voir ci-après) ; le préavis. * DREETS : toutes les fois où il est cité, le mot DREETS se réfère aux différentes directions régionales de l’économie, de l’emploi, du travail et des solidarités (DREETS) compétentes sur le territoire métropolitain, y compris la direction régionale interdépartementale de l’économie, de l’emploi, du travail et des solidarités compétente en Ile-de-France (DRIEETS), aux directions de l’économie, de l’emploi, du travail et des solidarités (DEETS) compétentes en Guadeloupe, Martinique, à La Réunion et à Mayotte et à la direction générale Cohésion et population (DGCOPOP) compétente en Guyane.
au personnel de l’entreprise, soit par un conseiller du salarié. La lettre doit préciser l’adresse des services (mairie et inspection du travail) où la liste des conseillers est tenue à la disposition des salariés.Le défaut d'indication dans la lettre de convocation de ces mentions obligatoires est considéré comme une irrégularité de procédure et est sanctionné par le versement au salarié d'une indemnité au plus égale à un mois de salaire.Au cours de l'entretien, l'employeur doit expliquer avec précision au salarié le motif économique du licenciement. Il invite le salarié à s’exprimer sur la mesure envisagée ainsi que sur le motif économique.C’est également au cours de l’entretien préalable que l’employeur doit informer le salarié du contenu et des modalités de mise en œuvre des dispositifs spécifiques de reclassement dont il peut bénéficier : le contrat de sécurisation professionnelle (CSP) si l’entreprise compte moins de 1 000 salariés ou s’il s’agit d’une entreprise en redressement ou liquidation judiciaire quel que soit son effectif. Lors de l’entretien, l’employeur doit remettre au salarié une note d’information sur ce dispositif. Le salarié dispose d’un délai de 21 jours calendaires pour accepter le CSP ;le congé de reclassement si l’entreprise (ou l’établissement) compte au moins 1 000 salariés, ou qu’elle appartient à un groupe d’au moins 1 000 salariés. | 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37636339396435616635386365393538 | article101099 | 24 | La définition du licenciement pour motif économique | Travail-Emploi | travail-emploi | Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise. | 14/11/2023 | https://travail-emploi.gouv.fr/la-definition-du-licenciement-pour-motif-economique | [
"Textes de référence"
] | Articles L. 1233-1 à L. 1233-4, L. 1233-25, L. 1236-1, L. 2323-14 et D. 1233-2-1 du Code du travail | La définition du licenciement pour motif économique
Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise.
Articles L. 1233-1 à L. 1233-4, L. 1233-25, L. 1236-1, L. 2323-14 et D. 1233-2-1 du Code du travail | 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30323737373130636233333637643435 | article101099 | 25 | La définition du licenciement pour motif économique | Travail-Emploi | travail-emploi | Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise. | 14/11/2023 | https://travail-emploi.gouv.fr/la-definition-du-licenciement-pour-motif-economique | [
"Lire en complément"
] | L’ordre des licenciements | La définition du licenciement pour motif économique
Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise.
L’ordre des licenciements | 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36303062613035656637373236303331 | article101101 | 0 | La procédure en cas de licenciement individuel pour motif économique | Travail-Emploi | travail-emploi | Tout employeur qui envisage de rompre - après la période d'essai - le contrat de travail à durée indéterminée d'un seul salarié pour un motif économique doit respecter les règles concernant : le reclassement du salarié ; l'ordre des licenciements ; la convocation du salarié à un entretien préalable avant toute décision ; la notification du licenciement ; l'information de la Direction régionale de l’économie, de l’emploi, du travail et des solidarités (DREETS* – DDETS ; voir ci-après) ; le préavis. * DREETS : toutes les fois où il est cité, le mot DREETS se réfère aux différentes directions régionales de l’économie, de l’emploi, du travail et des solidarités (DREETS) compétentes sur le territoire métropolitain, y compris la direction régionale interdépartementale de l’économie, de l’emploi, du travail et des solidarités compétente en Ile-de-France (DRIEETS), aux directions de l’économie, de l’emploi, du travail et des solidarités (DEETS) compétentes en Guadeloupe, Martinique, à La Réunion et à Mayotte et à la direction générale Cohésion et population (DGCOPOP) compétente en Guyane. | 16/04/2025 | https://travail-emploi.gouv.fr/la-procedure-en-cas-de-licenciement-individuel-pour-motif-economique | [
"La procédure en cas de licenciement individuel pour motif économique"
] | À savoir ! Lorsque le licenciement concerne un salarié bénéficiant d’une protection particulière (membre de la délégation du personnel au comité social et économique, délégué syndical, etc. ), l’employeur doit obtenir une autorisation de l’inspecteur du travail pour pouvoir licencier ce salarié. | La procédure en cas de licenciement individuel pour motif économique
Tout employeur qui envisage de rompre - après la période d'essai - le contrat de travail à durée indéterminée d'un seul salarié pour un motif économique doit respecter les règles concernant : le reclassement du salarié ; l'ordre des licenciements ; la convocation du salarié à un entretien préalable avant toute décision ; la notification du licenciement ; l'information de la Direction régionale de l’économie, de l’emploi, du travail et des solidarités (DREETS* – DDETS ; voir ci-après) ; le préavis. * DREETS : toutes les fois où il est cité, le mot DREETS se réfère aux différentes directions régionales de l’économie, de l’emploi, du travail et des solidarités (DREETS) compétentes sur le territoire métropolitain, y compris la direction régionale interdépartementale de l’économie, de l’emploi, du travail et des solidarités compétente en Ile-de-France (DRIEETS), aux directions de l’économie, de l’emploi, du travail et des solidarités (DEETS) compétentes en Guadeloupe, Martinique, à La Réunion et à Mayotte et à la direction générale Cohésion et population (DGCOPOP) compétente en Guyane.
À savoir ! Lorsque le licenciement concerne un salarié bénéficiant d’une protection particulière (membre de la délégation du personnel au comité social et économique, délégué syndical, etc. ), l’employeur doit obtenir une autorisation de l’inspecteur du travail pour pouvoir licencier ce salarié. | 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38333533373635663631336234366636 | article101101 | 1 | La procédure en cas de licenciement individuel pour motif économique | Travail-Emploi | travail-emploi | Tout employeur qui envisage de rompre - après la période d'essai - le contrat de travail à durée indéterminée d'un seul salarié pour un motif économique doit respecter les règles concernant : le reclassement du salarié ; l'ordre des licenciements ; la convocation du salarié à un entretien préalable avant toute décision ; la notification du licenciement ; l'information de la Direction régionale de l’économie, de l’emploi, du travail et des solidarités (DREETS* – DDETS ; voir ci-après) ; le préavis. * DREETS : toutes les fois où il est cité, le mot DREETS se réfère aux différentes directions régionales de l’économie, de l’emploi, du travail et des solidarités (DREETS) compétentes sur le territoire métropolitain, y compris la direction régionale interdépartementale de l’économie, de l’emploi, du travail et des solidarités compétente en Ile-de-France (DRIEETS), aux directions de l’économie, de l’emploi, du travail et des solidarités (DEETS) compétentes en Guadeloupe, Martinique, à La Réunion et à Mayotte et à la direction générale Cohésion et population (DGCOPOP) compétente en Guyane. | 16/04/2025 | https://travail-emploi.gouv.fr/la-procedure-en-cas-de-licenciement-individuel-pour-motif-economique | [
"Quelles sont les obligations de l’employeur en matière de formation et de reclassement préalable ?"
] | Le licenciement pour motif économique d'un salarié ne peut intervenir que lorsque tous les efforts de formation et d'adaptation ont été réalisés et que le reclassement de l'intéressé ne peut être opéré sur les emplois disponibles, situés sur le territoire national dans l'entreprise ou les autres entreprises du groupe dont l'entreprise fait partie et dont l’organisation, les activités ou le lieu d’exploitation assurent la permutation de tout ou partie du personnel.Pour l'application de cette disposition, la notion de groupe désigne le groupe formé par une entreprise appelée « entreprise dominante » et les entreprises qu'elle contrôle. Le reclassement du salarié s'effectue sur un emploi relevant de la même catégorie que celui qu'il occupe ou sur un emploi équivalent assorti d'une rémunération équivalente (la rémunération à prendre en compte est la rémunération globale, telle que définie à l'article L. 3221-3 du code du travail). À défaut, et sous réserve de l'accord exprès du salarié, le reclassement s'effectue sur un emploi d'une catégorie inférieure. L'employeur adresse de manière personnalisée les offres de reclassement à chaque salarié ou diffuse par tout moyen une liste des postes disponibles à l'ensemble des salariés. Ces offres de reclassement sont écrites et précises (voir ci-dessous).Contenu et communication des offres de reclassementPour l'application des dispositions mentionnées ci-dessus, l’employeur adresse des offres de reclassement de manière personnalisée ou | La procédure en cas de licenciement individuel pour motif économique
Tout employeur qui envisage de rompre - après la période d'essai - le contrat de travail à durée indéterminée d'un seul salarié pour un motif économique doit respecter les règles concernant : le reclassement du salarié ; l'ordre des licenciements ; la convocation du salarié à un entretien préalable avant toute décision ; la notification du licenciement ; l'information de la Direction régionale de l’économie, de l’emploi, du travail et des solidarités (DREETS* – DDETS ; voir ci-après) ; le préavis. * DREETS : toutes les fois où il est cité, le mot DREETS se réfère aux différentes directions régionales de l’économie, de l’emploi, du travail et des solidarités (DREETS) compétentes sur le territoire métropolitain, y compris la direction régionale interdépartementale de l’économie, de l’emploi, du travail et des solidarités compétente en Ile-de-France (DRIEETS), aux directions de l’économie, de l’emploi, du travail et des solidarités (DEETS) compétentes en Guadeloupe, Martinique, à La Réunion et à Mayotte et à la direction générale Cohésion et population (DGCOPOP) compétente en Guyane.
Le licenciement pour motif économique d'un salarié ne peut intervenir que lorsque tous les efforts de formation et d'adaptation ont été réalisés et que le reclassement de l'intéressé ne peut être opéré sur les emplois disponibles, situés sur le territoire national dans l'entreprise ou les autres entreprises du groupe dont l'entreprise fait partie et dont l’organisation, les activités ou le lieu d’exploitation assurent la permutation de tout ou partie du personnel.Pour l'application de cette disposition, la notion de groupe désigne le groupe formé par une entreprise appelée « entreprise dominante » et les entreprises qu'elle contrôle. Le reclassement du salarié s'effectue sur un emploi relevant de la même catégorie que celui qu'il occupe ou sur un emploi équivalent assorti d'une rémunération équivalente (la rémunération à prendre en compte est la rémunération globale, telle que définie à l'article L. 3221-3 du code du travail). À défaut, et sous réserve de l'accord exprès du salarié, le reclassement s'effectue sur un emploi d'une catégorie inférieure. L'employeur adresse de manière personnalisée les offres de reclassement à chaque salarié ou diffuse par tout moyen une liste des postes disponibles à l'ensemble des salariés. Ces offres de reclassement sont écrites et précises (voir ci-dessous).Contenu et communication des offres de reclassementPour l'application des dispositions mentionnées ci-dessus, l’employeur adresse des offres de reclassement de manière personnalisée ou | 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31313661396237373537303335326535 | article101101 | 2 | La procédure en cas de licenciement individuel pour motif économique | Travail-Emploi | travail-emploi | Tout employeur qui envisage de rompre - après la période d'essai - le contrat de travail à durée indéterminée d'un seul salarié pour un motif économique doit respecter les règles concernant : le reclassement du salarié ; l'ordre des licenciements ; la convocation du salarié à un entretien préalable avant toute décision ; la notification du licenciement ; l'information de la Direction régionale de l’économie, de l’emploi, du travail et des solidarités (DREETS* – DDETS ; voir ci-après) ; le préavis. * DREETS : toutes les fois où il est cité, le mot DREETS se réfère aux différentes directions régionales de l’économie, de l’emploi, du travail et des solidarités (DREETS) compétentes sur le territoire métropolitain, y compris la direction régionale interdépartementale de l’économie, de l’emploi, du travail et des solidarités compétente en Ile-de-France (DRIEETS), aux directions de l’économie, de l’emploi, du travail et des solidarités (DEETS) compétentes en Guadeloupe, Martinique, à La Réunion et à Mayotte et à la direction générale Cohésion et population (DGCOPOP) compétente en Guyane. | 16/04/2025 | https://travail-emploi.gouv.fr/la-procedure-en-cas-de-licenciement-individuel-pour-motif-economique | [
"Quelles sont les obligations de l’employeur en matière de formation et de reclassement préalable ?"
] | personnalisée ou communique la liste des offres disponibles aux salariés, et le cas échéant l'actualisation de celle-ci, par tout moyen permettant de conférer date certaine. Ces offres écrites précisent :a) L'intitulé du poste et son descriptif ;b) Le nom de l'employeur ;c) La nature du contrat de travail ;d) La localisation du poste ;e) Le niveau de rémunération ;f) La classification du poste. En cas de diffusion d'une liste des offres de reclassement interne, celle-ci comprend les postes disponibles situés sur le territoire national dans l'entreprise et les autres entreprises du groupe dont l'entreprise fait partie. La liste précise les critères de départage entre salariés en cas de candidatures multiples sur un même poste, ainsi que le délai dont dispose le salarié pour présenter sa candidature écrite. Ce délai ne peut être inférieur à 15 jours francs à compter de la publication de la liste, sauf lorsque l'entreprise fait l'objet d'un redressement ou d'une liquidation judiciaire ; dans ce dernier cas, le délai ne peut être inférieur à 4 jours francs à compter de la publication de la liste. L'absence de candidature écrite du salarié à l'issue du délai mentionné ci-dessus vaut refus des offres. | La procédure en cas de licenciement individuel pour motif économique
Tout employeur qui envisage de rompre - après la période d'essai - le contrat de travail à durée indéterminée d'un seul salarié pour un motif économique doit respecter les règles concernant : le reclassement du salarié ; l'ordre des licenciements ; la convocation du salarié à un entretien préalable avant toute décision ; la notification du licenciement ; l'information de la Direction régionale de l’économie, de l’emploi, du travail et des solidarités (DREETS* – DDETS ; voir ci-après) ; le préavis. * DREETS : toutes les fois où il est cité, le mot DREETS se réfère aux différentes directions régionales de l’économie, de l’emploi, du travail et des solidarités (DREETS) compétentes sur le territoire métropolitain, y compris la direction régionale interdépartementale de l’économie, de l’emploi, du travail et des solidarités compétente en Ile-de-France (DRIEETS), aux directions de l’économie, de l’emploi, du travail et des solidarités (DEETS) compétentes en Guadeloupe, Martinique, à La Réunion et à Mayotte et à la direction générale Cohésion et population (DGCOPOP) compétente en Guyane.
personnalisée ou communique la liste des offres disponibles aux salariés, et le cas échéant l'actualisation de celle-ci, par tout moyen permettant de conférer date certaine. Ces offres écrites précisent :a) L'intitulé du poste et son descriptif ;b) Le nom de l'employeur ;c) La nature du contrat de travail ;d) La localisation du poste ;e) Le niveau de rémunération ;f) La classification du poste. En cas de diffusion d'une liste des offres de reclassement interne, celle-ci comprend les postes disponibles situés sur le territoire national dans l'entreprise et les autres entreprises du groupe dont l'entreprise fait partie. La liste précise les critères de départage entre salariés en cas de candidatures multiples sur un même poste, ainsi que le délai dont dispose le salarié pour présenter sa candidature écrite. Ce délai ne peut être inférieur à 15 jours francs à compter de la publication de la liste, sauf lorsque l'entreprise fait l'objet d'un redressement ou d'une liquidation judiciaire ; dans ce dernier cas, le délai ne peut être inférieur à 4 jours francs à compter de la publication de la liste. L'absence de candidature écrite du salarié à l'issue du délai mentionné ci-dessus vaut refus des offres. | 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63323766316631313032373836626131 | article101101 | 5 | La procédure en cas de licenciement individuel pour motif économique | Travail-Emploi | travail-emploi | Tout employeur qui envisage de rompre - après la période d'essai - le contrat de travail à durée indéterminée d'un seul salarié pour un motif économique doit respecter les règles concernant : le reclassement du salarié ; l'ordre des licenciements ; la convocation du salarié à un entretien préalable avant toute décision ; la notification du licenciement ; l'information de la Direction régionale de l’économie, de l’emploi, du travail et des solidarités (DREETS* – DDETS ; voir ci-après) ; le préavis. * DREETS : toutes les fois où il est cité, le mot DREETS se réfère aux différentes directions régionales de l’économie, de l’emploi, du travail et des solidarités (DREETS) compétentes sur le territoire métropolitain, y compris la direction régionale interdépartementale de l’économie, de l’emploi, du travail et des solidarités compétente en Ile-de-France (DRIEETS), aux directions de l’économie, de l’emploi, du travail et des solidarités (DEETS) compétentes en Guadeloupe, Martinique, à La Réunion et à Mayotte et à la direction générale Cohésion et population (DGCOPOP) compétente en Guyane. | 16/04/2025 | https://travail-emploi.gouv.fr/la-procedure-en-cas-de-licenciement-individuel-pour-motif-economique | [
"Comment est notifié le licenciement ?"
] | L’employeur ne peut notifier le licenciement du salarié qu’après l’entretien préalable, à l’issue d’un délai de :Sept jours ouvrables pour un salarié non-cadre ;Quinze jours ouvrables pour un salarié cadre.Ce délai est réduit à deux jours ouvrables si l’entreprise est placée en redressement ou en liquidation judiciaire.La notification du licenciement est adressée au salarié sous forme de lettre recommandée avec avis de réception. Cette lettre mentionne obligatoirement :le motif économique à l'origine du licenciement, qui doit être expliqué de manière détaillée ;la priorité de réembauche dont le salarié peut bénéficier ;la proposition de bénéficier d'un congé de reclassement.Possibilité de compléter ou de préciser la lettre de licenciementLes motifs énoncés dans la lettre de licenciement peuvent, après la notification de celle-ci, être précisés par l'employeur, soit à son initiative soit à la demande du salarié. Les délais et la procédure à suivre sont les suivants : dans les 15 jours suivant la notification du licenciement, le salarié peut, par lettre recommandée avec avis de réception ou remise contre récépissé, demander à l'employeur des précisions sur les motifs énoncés dans la lettre de licenciement. L’employeur dispose d'un délai de 15 jours après la réception de la demande du salarié pour apporter des précisions s'il le souhaite. Il communique ces précisions au salarié par lettre recommandée avec avis de réception ou remise contre récépissé ;dans un délai de 15 jours | La procédure en cas de licenciement individuel pour motif économique
Tout employeur qui envisage de rompre - après la période d'essai - le contrat de travail à durée indéterminée d'un seul salarié pour un motif économique doit respecter les règles concernant : le reclassement du salarié ; l'ordre des licenciements ; la convocation du salarié à un entretien préalable avant toute décision ; la notification du licenciement ; l'information de la Direction régionale de l’économie, de l’emploi, du travail et des solidarités (DREETS* – DDETS ; voir ci-après) ; le préavis. * DREETS : toutes les fois où il est cité, le mot DREETS se réfère aux différentes directions régionales de l’économie, de l’emploi, du travail et des solidarités (DREETS) compétentes sur le territoire métropolitain, y compris la direction régionale interdépartementale de l’économie, de l’emploi, du travail et des solidarités compétente en Ile-de-France (DRIEETS), aux directions de l’économie, de l’emploi, du travail et des solidarités (DEETS) compétentes en Guadeloupe, Martinique, à La Réunion et à Mayotte et à la direction générale Cohésion et population (DGCOPOP) compétente en Guyane.
L’employeur ne peut notifier le licenciement du salarié qu’après l’entretien préalable, à l’issue d’un délai de :Sept jours ouvrables pour un salarié non-cadre ;Quinze jours ouvrables pour un salarié cadre.Ce délai est réduit à deux jours ouvrables si l’entreprise est placée en redressement ou en liquidation judiciaire.La notification du licenciement est adressée au salarié sous forme de lettre recommandée avec avis de réception. Cette lettre mentionne obligatoirement :le motif économique à l'origine du licenciement, qui doit être expliqué de manière détaillée ;la priorité de réembauche dont le salarié peut bénéficier ;la proposition de bénéficier d'un congé de reclassement.Possibilité de compléter ou de préciser la lettre de licenciementLes motifs énoncés dans la lettre de licenciement peuvent, après la notification de celle-ci, être précisés par l'employeur, soit à son initiative soit à la demande du salarié. Les délais et la procédure à suivre sont les suivants : dans les 15 jours suivant la notification du licenciement, le salarié peut, par lettre recommandée avec avis de réception ou remise contre récépissé, demander à l'employeur des précisions sur les motifs énoncés dans la lettre de licenciement. L’employeur dispose d'un délai de 15 jours après la réception de la demande du salarié pour apporter des précisions s'il le souhaite. Il communique ces précisions au salarié par lettre recommandée avec avis de réception ou remise contre récépissé ;dans un délai de 15 jours | 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63313037303861333631376162346566 | article101101 | 6 | La procédure en cas de licenciement individuel pour motif économique | Travail-Emploi | travail-emploi | Tout employeur qui envisage de rompre - après la période d'essai - le contrat de travail à durée indéterminée d'un seul salarié pour un motif économique doit respecter les règles concernant : le reclassement du salarié ; l'ordre des licenciements ; la convocation du salarié à un entretien préalable avant toute décision ; la notification du licenciement ; l'information de la Direction régionale de l’économie, de l’emploi, du travail et des solidarités (DREETS* – DDETS ; voir ci-après) ; le préavis. * DREETS : toutes les fois où il est cité, le mot DREETS se réfère aux différentes directions régionales de l’économie, de l’emploi, du travail et des solidarités (DREETS) compétentes sur le territoire métropolitain, y compris la direction régionale interdépartementale de l’économie, de l’emploi, du travail et des solidarités compétente en Ile-de-France (DRIEETS), aux directions de l’économie, de l’emploi, du travail et des solidarités (DEETS) compétentes en Guadeloupe, Martinique, à La Réunion et à Mayotte et à la direction générale Cohésion et population (DGCOPOP) compétente en Guyane. | 16/04/2025 | https://travail-emploi.gouv.fr/la-procedure-en-cas-de-licenciement-individuel-pour-motif-economique | [
"Comment est notifié le licenciement ?"
] | délai de 15 jours suivant la notification du licenciement et selon les mêmes formes, l'employeur peut, à son initiative, préciser les motifs du licenciement. La lettre de licenciement, précisée le cas échéant par l’employeur, fixe les limites du litige en ce qui concerne les motifs de licenciement. À défaut pour le salarié d’avoir formé auprès de l’employeur une demande en application des dispositions mentionnées ci-dessus, l’irrégularité que constitue une insuffisance de motivation de la lettre de licenciement ne prive pas, à elle seule, le licenciement de cause réelle et sérieuse et ouvre droit à une indemnité qui ne peut excéder un mois de salaire. En l’absence de cause réelle et sérieuse du licenciement, le préjudice résultant du vice de motivation de la lettre de rupture est réparé par l’indemnité allouée conformément au barème applicable en cas de licenciement dépourvu de cause réelle et sérieuse.Particularité afférente au contrat de sécurisation professionnelle (CSP)Lorsque, à la date prévue ci-dessus pour l'envoi de la lettre de licenciement, le délai de réflexion de 21 jours dont dispose le salarié pour faire connaître sa réponse à la proposition de contrat de sécurisation professionnelle (CSP) n'est pas expiré, l'employeur doit lui adresser une lettre recommandée avec demande d'avis de réception :lui exposant le motif économique ;lui rappelant la date d'expiration du délai de 21 jours précité ;et lui précisant qu'en cas de refus de la CSP, cette lettre recommandée | La procédure en cas de licenciement individuel pour motif économique
Tout employeur qui envisage de rompre - après la période d'essai - le contrat de travail à durée indéterminée d'un seul salarié pour un motif économique doit respecter les règles concernant : le reclassement du salarié ; l'ordre des licenciements ; la convocation du salarié à un entretien préalable avant toute décision ; la notification du licenciement ; l'information de la Direction régionale de l’économie, de l’emploi, du travail et des solidarités (DREETS* – DDETS ; voir ci-après) ; le préavis. * DREETS : toutes les fois où il est cité, le mot DREETS se réfère aux différentes directions régionales de l’économie, de l’emploi, du travail et des solidarités (DREETS) compétentes sur le territoire métropolitain, y compris la direction régionale interdépartementale de l’économie, de l’emploi, du travail et des solidarités compétente en Ile-de-France (DRIEETS), aux directions de l’économie, de l’emploi, du travail et des solidarités (DEETS) compétentes en Guadeloupe, Martinique, à La Réunion et à Mayotte et à la direction générale Cohésion et population (DGCOPOP) compétente en Guyane.
délai de 15 jours suivant la notification du licenciement et selon les mêmes formes, l'employeur peut, à son initiative, préciser les motifs du licenciement. La lettre de licenciement, précisée le cas échéant par l’employeur, fixe les limites du litige en ce qui concerne les motifs de licenciement. À défaut pour le salarié d’avoir formé auprès de l’employeur une demande en application des dispositions mentionnées ci-dessus, l’irrégularité que constitue une insuffisance de motivation de la lettre de licenciement ne prive pas, à elle seule, le licenciement de cause réelle et sérieuse et ouvre droit à une indemnité qui ne peut excéder un mois de salaire. En l’absence de cause réelle et sérieuse du licenciement, le préjudice résultant du vice de motivation de la lettre de rupture est réparé par l’indemnité allouée conformément au barème applicable en cas de licenciement dépourvu de cause réelle et sérieuse.Particularité afférente au contrat de sécurisation professionnelle (CSP)Lorsque, à la date prévue ci-dessus pour l'envoi de la lettre de licenciement, le délai de réflexion de 21 jours dont dispose le salarié pour faire connaître sa réponse à la proposition de contrat de sécurisation professionnelle (CSP) n'est pas expiré, l'employeur doit lui adresser une lettre recommandée avec demande d'avis de réception :lui exposant le motif économique ;lui rappelant la date d'expiration du délai de 21 jours précité ;et lui précisant qu'en cas de refus de la CSP, cette lettre recommandée | 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33303065363264353965323839393661 | article101101 | 7 | La procédure en cas de licenciement individuel pour motif économique | Travail-Emploi | travail-emploi | Tout employeur qui envisage de rompre - après la période d'essai - le contrat de travail à durée indéterminée d'un seul salarié pour un motif économique doit respecter les règles concernant : le reclassement du salarié ; l'ordre des licenciements ; la convocation du salarié à un entretien préalable avant toute décision ; la notification du licenciement ; l'information de la Direction régionale de l’économie, de l’emploi, du travail et des solidarités (DREETS* – DDETS ; voir ci-après) ; le préavis. * DREETS : toutes les fois où il est cité, le mot DREETS se réfère aux différentes directions régionales de l’économie, de l’emploi, du travail et des solidarités (DREETS) compétentes sur le territoire métropolitain, y compris la direction régionale interdépartementale de l’économie, de l’emploi, du travail et des solidarités compétente en Ile-de-France (DRIEETS), aux directions de l’économie, de l’emploi, du travail et des solidarités (DEETS) compétentes en Guadeloupe, Martinique, à La Réunion et à Mayotte et à la direction générale Cohésion et population (DGCOPOP) compétente en Guyane. | 16/04/2025 | https://travail-emploi.gouv.fr/la-procedure-en-cas-de-licenciement-individuel-pour-motif-economique | [
"Comment est notifié le licenciement ?"
] | lettre recommandée constituera la notification de son licenciement.Modèle de lettre de licenciementLorsqu'il notifie un licenciement pour motif économique individuel, l’employeur peut utiliser le modèle de lettre figurant en annexe IV du décret n° 2017-1820 du 29 décembre 2017. Attention : l’employeur doit veiller à utiliser le modèle de lettre correspondant à la nature juridique du licenciement envisagé et l'adapter aux spécificités propres à la situation du salarié ainsi qu'aux régimes conventionnels et contractuels qui lui sont applicables. | La procédure en cas de licenciement individuel pour motif économique
Tout employeur qui envisage de rompre - après la période d'essai - le contrat de travail à durée indéterminée d'un seul salarié pour un motif économique doit respecter les règles concernant : le reclassement du salarié ; l'ordre des licenciements ; la convocation du salarié à un entretien préalable avant toute décision ; la notification du licenciement ; l'information de la Direction régionale de l’économie, de l’emploi, du travail et des solidarités (DREETS* – DDETS ; voir ci-après) ; le préavis. * DREETS : toutes les fois où il est cité, le mot DREETS se réfère aux différentes directions régionales de l’économie, de l’emploi, du travail et des solidarités (DREETS) compétentes sur le territoire métropolitain, y compris la direction régionale interdépartementale de l’économie, de l’emploi, du travail et des solidarités compétente en Ile-de-France (DRIEETS), aux directions de l’économie, de l’emploi, du travail et des solidarités (DEETS) compétentes en Guadeloupe, Martinique, à La Réunion et à Mayotte et à la direction générale Cohésion et population (DGCOPOP) compétente en Guyane.
lettre recommandée constituera la notification de son licenciement.Modèle de lettre de licenciementLorsqu'il notifie un licenciement pour motif économique individuel, l’employeur peut utiliser le modèle de lettre figurant en annexe IV du décret n° 2017-1820 du 29 décembre 2017. Attention : l’employeur doit veiller à utiliser le modèle de lettre correspondant à la nature juridique du licenciement envisagé et l'adapter aux spécificités propres à la situation du salarié ainsi qu'aux régimes conventionnels et contractuels qui lui sont applicables. | 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38613034666264346163636133353237 | article101101 | 8 | La procédure en cas de licenciement individuel pour motif économique | Travail-Emploi | travail-emploi | Tout employeur qui envisage de rompre - après la période d'essai - le contrat de travail à durée indéterminée d'un seul salarié pour un motif économique doit respecter les règles concernant : le reclassement du salarié ; l'ordre des licenciements ; la convocation du salarié à un entretien préalable avant toute décision ; la notification du licenciement ; l'information de la Direction régionale de l’économie, de l’emploi, du travail et des solidarités (DREETS* – DDETS ; voir ci-après) ; le préavis. * DREETS : toutes les fois où il est cité, le mot DREETS se réfère aux différentes directions régionales de l’économie, de l’emploi, du travail et des solidarités (DREETS) compétentes sur le territoire métropolitain, y compris la direction régionale interdépartementale de l’économie, de l’emploi, du travail et des solidarités compétente en Ile-de-France (DRIEETS), aux directions de l’économie, de l’emploi, du travail et des solidarités (DEETS) compétentes en Guadeloupe, Martinique, à La Réunion et à Mayotte et à la direction générale Cohésion et population (DGCOPOP) compétente en Guyane. | 16/04/2025 | https://travail-emploi.gouv.fr/la-procedure-en-cas-de-licenciement-individuel-pour-motif-economique | [
"Comment est informée l’autorité administrative ?"
] | Dans les 8 jours qui suivent la notification du licenciement au salarié, l'employeur est tenu d'informer la direction régionale de l’économie, de l’emploi, du travail et des solidarités (DREETS - DEETS, voir ci-dessous) de son territoire. Cette information est effectuée sur le portail RupCO et précise :le nom, l'adresse, l'activité et l'effectif de l'entreprise ;les nom, prénom, nationalité, date de naissance, sexe, adresse, emploi et qualification du salarié licencié ;la date de notification du licenciement.DREETS - DEETS...Toutes les fois où il est cité, le mot DREETS se réfère aux différentes directions régionales de l’économie, de l’emploi, du travail et des solidarités (DREETS) compétentes sur le territoire métropolitain, y compris la direction régionale interdépartementale de l’économie, de l’emploi, du travail et des solidarités compétente en Île-de-France (DRIEETS), aux directions de l’économie, de l’emploi, du travail et des solidarités (DEETS) compétentes en Guadeloupe, Martinique, à La Réunion et à Mayotte et à la direction générale Cohésion et population (DGCOPOP) compétente en Guyane | La procédure en cas de licenciement individuel pour motif économique
Tout employeur qui envisage de rompre - après la période d'essai - le contrat de travail à durée indéterminée d'un seul salarié pour un motif économique doit respecter les règles concernant : le reclassement du salarié ; l'ordre des licenciements ; la convocation du salarié à un entretien préalable avant toute décision ; la notification du licenciement ; l'information de la Direction régionale de l’économie, de l’emploi, du travail et des solidarités (DREETS* – DDETS ; voir ci-après) ; le préavis. * DREETS : toutes les fois où il est cité, le mot DREETS se réfère aux différentes directions régionales de l’économie, de l’emploi, du travail et des solidarités (DREETS) compétentes sur le territoire métropolitain, y compris la direction régionale interdépartementale de l’économie, de l’emploi, du travail et des solidarités compétente en Ile-de-France (DRIEETS), aux directions de l’économie, de l’emploi, du travail et des solidarités (DEETS) compétentes en Guadeloupe, Martinique, à La Réunion et à Mayotte et à la direction générale Cohésion et population (DGCOPOP) compétente en Guyane.
Dans les 8 jours qui suivent la notification du licenciement au salarié, l'employeur est tenu d'informer la direction régionale de l’économie, de l’emploi, du travail et des solidarités (DREETS - DEETS, voir ci-dessous) de son territoire. Cette information est effectuée sur le portail RupCO et précise :le nom, l'adresse, l'activité et l'effectif de l'entreprise ;les nom, prénom, nationalité, date de naissance, sexe, adresse, emploi et qualification du salarié licencié ;la date de notification du licenciement.DREETS - DEETS...Toutes les fois où il est cité, le mot DREETS se réfère aux différentes directions régionales de l’économie, de l’emploi, du travail et des solidarités (DREETS) compétentes sur le territoire métropolitain, y compris la direction régionale interdépartementale de l’économie, de l’emploi, du travail et des solidarités compétente en Île-de-France (DRIEETS), aux directions de l’économie, de l’emploi, du travail et des solidarités (DEETS) compétentes en Guadeloupe, Martinique, à La Réunion et à Mayotte et à la direction générale Cohésion et population (DGCOPOP) compétente en Guyane | 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65316535626535616161356462633832 | article101101 | 9 | La procédure en cas de licenciement individuel pour motif économique | Travail-Emploi | travail-emploi | Tout employeur qui envisage de rompre - après la période d'essai - le contrat de travail à durée indéterminée d'un seul salarié pour un motif économique doit respecter les règles concernant : le reclassement du salarié ; l'ordre des licenciements ; la convocation du salarié à un entretien préalable avant toute décision ; la notification du licenciement ; l'information de la Direction régionale de l’économie, de l’emploi, du travail et des solidarités (DREETS* – DDETS ; voir ci-après) ; le préavis. * DREETS : toutes les fois où il est cité, le mot DREETS se réfère aux différentes directions régionales de l’économie, de l’emploi, du travail et des solidarités (DREETS) compétentes sur le territoire métropolitain, y compris la direction régionale interdépartementale de l’économie, de l’emploi, du travail et des solidarités compétente en Ile-de-France (DRIEETS), aux directions de l’économie, de l’emploi, du travail et des solidarités (DEETS) compétentes en Guadeloupe, Martinique, à La Réunion et à Mayotte et à la direction générale Cohésion et population (DGCOPOP) compétente en Guyane. | 16/04/2025 | https://travail-emploi.gouv.fr/la-procedure-en-cas-de-licenciement-individuel-pour-motif-economique | [
"Comment se déroule le préavis ?"
] | Le préavis commence le jour de la première présentation de la lettre de notification, que le salarié en accuse réception ou non. Sa durée est au moins égale à :Un mois pour une ancienneté comprise entre six mois et deux ans ;Deux mois pour une ancienneté égale ou supérieure à deux ans.Une durée plus longue peut figurer dans le contrat de travail ou dans la convention collective applicable à l'entreprise.Si le salarié bénéficie du congé de reclassement, il est automatiquement dispensé de l’exécution du préavis ;Si le salarié a accepté le CSP, cette acceptation emporte rupture du contrat de travail sans préavis : le salarié entre immédiatement dans le CSP ;Si le salarié a refusé le bénéfice du congé de reclassement ou du CSP, si le salarié bénéficie du congé de reclassement, il est automatiquement dispensé de l’exécution du préavis ;si le salarié a accepté le CSP, cette acceptation emporte rupture du contrat de travail sans préavis : le salarié entre immédiatement dans le CSP ;si le salarié a refusé le bénéfice du congé de reclassement ou du CSP, le préavis s’applique selon les règles de droit commun.Quelles sont les sanctions encourues ? Lorsqu’une irrégularité de forme a été commise au cours de la procédure, notamment si le licenciement d’un salarié intervient sans que la procédure requise aux articles L. 1233-11 et L. 1233-12 du code du travail (entretien préalable et déroulement de l’entretien préalable) et L. 1233-13 du même code (assistance du salarié lors de | La procédure en cas de licenciement individuel pour motif économique
Tout employeur qui envisage de rompre - après la période d'essai - le contrat de travail à durée indéterminée d'un seul salarié pour un motif économique doit respecter les règles concernant : le reclassement du salarié ; l'ordre des licenciements ; la convocation du salarié à un entretien préalable avant toute décision ; la notification du licenciement ; l'information de la Direction régionale de l’économie, de l’emploi, du travail et des solidarités (DREETS* – DDETS ; voir ci-après) ; le préavis. * DREETS : toutes les fois où il est cité, le mot DREETS se réfère aux différentes directions régionales de l’économie, de l’emploi, du travail et des solidarités (DREETS) compétentes sur le territoire métropolitain, y compris la direction régionale interdépartementale de l’économie, de l’emploi, du travail et des solidarités compétente en Ile-de-France (DRIEETS), aux directions de l’économie, de l’emploi, du travail et des solidarités (DEETS) compétentes en Guadeloupe, Martinique, à La Réunion et à Mayotte et à la direction générale Cohésion et population (DGCOPOP) compétente en Guyane.
Le préavis commence le jour de la première présentation de la lettre de notification, que le salarié en accuse réception ou non. Sa durée est au moins égale à :Un mois pour une ancienneté comprise entre six mois et deux ans ;Deux mois pour une ancienneté égale ou supérieure à deux ans.Une durée plus longue peut figurer dans le contrat de travail ou dans la convention collective applicable à l'entreprise.Si le salarié bénéficie du congé de reclassement, il est automatiquement dispensé de l’exécution du préavis ;Si le salarié a accepté le CSP, cette acceptation emporte rupture du contrat de travail sans préavis : le salarié entre immédiatement dans le CSP ;Si le salarié a refusé le bénéfice du congé de reclassement ou du CSP, si le salarié bénéficie du congé de reclassement, il est automatiquement dispensé de l’exécution du préavis ;si le salarié a accepté le CSP, cette acceptation emporte rupture du contrat de travail sans préavis : le salarié entre immédiatement dans le CSP ;si le salarié a refusé le bénéfice du congé de reclassement ou du CSP, le préavis s’applique selon les règles de droit commun.Quelles sont les sanctions encourues ? Lorsqu’une irrégularité de forme a été commise au cours de la procédure, notamment si le licenciement d’un salarié intervient sans que la procédure requise aux articles L. 1233-11 et L. 1233-12 du code du travail (entretien préalable et déroulement de l’entretien préalable) et L. 1233-13 du même code (assistance du salarié lors de | 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38396361393839396335383033643131 | article101101 | 10 | La procédure en cas de licenciement individuel pour motif économique | Travail-Emploi | travail-emploi | Tout employeur qui envisage de rompre - après la période d'essai - le contrat de travail à durée indéterminée d'un seul salarié pour un motif économique doit respecter les règles concernant : le reclassement du salarié ; l'ordre des licenciements ; la convocation du salarié à un entretien préalable avant toute décision ; la notification du licenciement ; l'information de la Direction régionale de l’économie, de l’emploi, du travail et des solidarités (DREETS* – DDETS ; voir ci-après) ; le préavis. * DREETS : toutes les fois où il est cité, le mot DREETS se réfère aux différentes directions régionales de l’économie, de l’emploi, du travail et des solidarités (DREETS) compétentes sur le territoire métropolitain, y compris la direction régionale interdépartementale de l’économie, de l’emploi, du travail et des solidarités compétente en Ile-de-France (DRIEETS), aux directions de l’économie, de l’emploi, du travail et des solidarités (DEETS) compétentes en Guadeloupe, Martinique, à La Réunion et à Mayotte et à la direction générale Cohésion et population (DGCOPOP) compétente en Guyane. | 16/04/2025 | https://travail-emploi.gouv.fr/la-procedure-en-cas-de-licenciement-individuel-pour-motif-economique | [
"Comment se déroule le préavis ?"
] | du salarié lors de l’entretien préalable) ait été observée ou sans que la procédure conventionnelle de consultation préalable au licenciement ait été respectée (par exemple, la consultation d’une commission de discipline), mais pour une cause réelle et sérieuse, le juge accorde au salarié, à la charge de l’employeur, une indemnité qui ne peut être supérieure à un mois de salaire.Les sanctions en cas de licenciement dépourvu de cause réelle et sérieuse, ou de licenciement nul, font l’objet d’une fiche spécifique.Qui contacter Inspection du travailTextes de référence Articles L. 1233-4, L. 1233-11 à L. 1233-18, L. 1234-1, D. 1233-2-1, D. 1233-3 et R. 1233-2-2 du Code du travailDécret n° 2020-1545 du 9 décembre 2020 (JO du 10)Lire en complément Le conseiller du salariéLe congé de reclassementLe contrat de sécurisation professionnelle | La procédure en cas de licenciement individuel pour motif économique
Tout employeur qui envisage de rompre - après la période d'essai - le contrat de travail à durée indéterminée d'un seul salarié pour un motif économique doit respecter les règles concernant : le reclassement du salarié ; l'ordre des licenciements ; la convocation du salarié à un entretien préalable avant toute décision ; la notification du licenciement ; l'information de la Direction régionale de l’économie, de l’emploi, du travail et des solidarités (DREETS* – DDETS ; voir ci-après) ; le préavis. * DREETS : toutes les fois où il est cité, le mot DREETS se réfère aux différentes directions régionales de l’économie, de l’emploi, du travail et des solidarités (DREETS) compétentes sur le territoire métropolitain, y compris la direction régionale interdépartementale de l’économie, de l’emploi, du travail et des solidarités compétente en Ile-de-France (DRIEETS), aux directions de l’économie, de l’emploi, du travail et des solidarités (DEETS) compétentes en Guadeloupe, Martinique, à La Réunion et à Mayotte et à la direction générale Cohésion et population (DGCOPOP) compétente en Guyane.
du salarié lors de l’entretien préalable) ait été observée ou sans que la procédure conventionnelle de consultation préalable au licenciement ait été respectée (par exemple, la consultation d’une commission de discipline), mais pour une cause réelle et sérieuse, le juge accorde au salarié, à la charge de l’employeur, une indemnité qui ne peut être supérieure à un mois de salaire.Les sanctions en cas de licenciement dépourvu de cause réelle et sérieuse, ou de licenciement nul, font l’objet d’une fiche spécifique.Qui contacter Inspection du travailTextes de référence Articles L. 1233-4, L. 1233-11 à L. 1233-18, L. 1234-1, D. 1233-2-1, D. 1233-3 et R. 1233-2-2 du Code du travailDécret n° 2020-1545 du 9 décembre 2020 (JO du 10)Lire en complément Le conseiller du salariéLe congé de reclassementLe contrat de sécurisation professionnelle | 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64653461663461643839626136393230 | article101101 | 11 | La procédure en cas de licenciement individuel pour motif économique | Travail-Emploi | travail-emploi | Tout employeur qui envisage de rompre - après la période d'essai - le contrat de travail à durée indéterminée d'un seul salarié pour un motif économique doit respecter les règles concernant : le reclassement du salarié ; l'ordre des licenciements ; la convocation du salarié à un entretien préalable avant toute décision ; la notification du licenciement ; l'information de la Direction régionale de l’économie, de l’emploi, du travail et des solidarités (DREETS* – DDETS ; voir ci-après) ; le préavis. * DREETS : toutes les fois où il est cité, le mot DREETS se réfère aux différentes directions régionales de l’économie, de l’emploi, du travail et des solidarités (DREETS) compétentes sur le territoire métropolitain, y compris la direction régionale interdépartementale de l’économie, de l’emploi, du travail et des solidarités compétente en Ile-de-France (DRIEETS), aux directions de l’économie, de l’emploi, du travail et des solidarités (DEETS) compétentes en Guadeloupe, Martinique, à La Réunion et à Mayotte et à la direction générale Cohésion et population (DGCOPOP) compétente en Guyane. | 16/04/2025 | https://travail-emploi.gouv.fr/la-procedure-en-cas-de-licenciement-individuel-pour-motif-economique | [
"Qui contacter"
] | Inspection du travail | La procédure en cas de licenciement individuel pour motif économique
Tout employeur qui envisage de rompre - après la période d'essai - le contrat de travail à durée indéterminée d'un seul salarié pour un motif économique doit respecter les règles concernant : le reclassement du salarié ; l'ordre des licenciements ; la convocation du salarié à un entretien préalable avant toute décision ; la notification du licenciement ; l'information de la Direction régionale de l’économie, de l’emploi, du travail et des solidarités (DREETS* – DDETS ; voir ci-après) ; le préavis. * DREETS : toutes les fois où il est cité, le mot DREETS se réfère aux différentes directions régionales de l’économie, de l’emploi, du travail et des solidarités (DREETS) compétentes sur le territoire métropolitain, y compris la direction régionale interdépartementale de l’économie, de l’emploi, du travail et des solidarités compétente en Ile-de-France (DRIEETS), aux directions de l’économie, de l’emploi, du travail et des solidarités (DEETS) compétentes en Guadeloupe, Martinique, à La Réunion et à Mayotte et à la direction générale Cohésion et population (DGCOPOP) compétente en Guyane.
Inspection du travail | 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38643037393366646334343630303935 | article101101 | 12 | La procédure en cas de licenciement individuel pour motif économique | Travail-Emploi | travail-emploi | Tout employeur qui envisage de rompre - après la période d'essai - le contrat de travail à durée indéterminée d'un seul salarié pour un motif économique doit respecter les règles concernant : le reclassement du salarié ; l'ordre des licenciements ; la convocation du salarié à un entretien préalable avant toute décision ; la notification du licenciement ; l'information de la Direction régionale de l’économie, de l’emploi, du travail et des solidarités (DREETS* – DDETS ; voir ci-après) ; le préavis. * DREETS : toutes les fois où il est cité, le mot DREETS se réfère aux différentes directions régionales de l’économie, de l’emploi, du travail et des solidarités (DREETS) compétentes sur le territoire métropolitain, y compris la direction régionale interdépartementale de l’économie, de l’emploi, du travail et des solidarités compétente en Ile-de-France (DRIEETS), aux directions de l’économie, de l’emploi, du travail et des solidarités (DEETS) compétentes en Guadeloupe, Martinique, à La Réunion et à Mayotte et à la direction générale Cohésion et population (DGCOPOP) compétente en Guyane. | 16/04/2025 | https://travail-emploi.gouv.fr/la-procedure-en-cas-de-licenciement-individuel-pour-motif-economique | [
"Textes de référence"
] | Articles L. 1233-4, L. 1233-11 à L. 1233-18, L. 1234-1, D. 1233-2-1, D. 1233-3 et R. 1233-2-2 du Code du travailDécret n° 2020-1545 du 9 décembre 2020 (JO du 10) | La procédure en cas de licenciement individuel pour motif économique
Tout employeur qui envisage de rompre - après la période d'essai - le contrat de travail à durée indéterminée d'un seul salarié pour un motif économique doit respecter les règles concernant : le reclassement du salarié ; l'ordre des licenciements ; la convocation du salarié à un entretien préalable avant toute décision ; la notification du licenciement ; l'information de la Direction régionale de l’économie, de l’emploi, du travail et des solidarités (DREETS* – DDETS ; voir ci-après) ; le préavis. * DREETS : toutes les fois où il est cité, le mot DREETS se réfère aux différentes directions régionales de l’économie, de l’emploi, du travail et des solidarités (DREETS) compétentes sur le territoire métropolitain, y compris la direction régionale interdépartementale de l’économie, de l’emploi, du travail et des solidarités compétente en Ile-de-France (DRIEETS), aux directions de l’économie, de l’emploi, du travail et des solidarités (DEETS) compétentes en Guadeloupe, Martinique, à La Réunion et à Mayotte et à la direction générale Cohésion et population (DGCOPOP) compétente en Guyane.
Articles L. 1233-4, L. 1233-11 à L. 1233-18, L. 1234-1, D. 1233-2-1, D. 1233-3 et R. 1233-2-2 du Code du travailDécret n° 2020-1545 du 9 décembre 2020 (JO du 10) | 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34336237353234373433363766363731 | article101101 | 13 | La procédure en cas de licenciement individuel pour motif économique | Travail-Emploi | travail-emploi | Tout employeur qui envisage de rompre - après la période d'essai - le contrat de travail à durée indéterminée d'un seul salarié pour un motif économique doit respecter les règles concernant : le reclassement du salarié ; l'ordre des licenciements ; la convocation du salarié à un entretien préalable avant toute décision ; la notification du licenciement ; l'information de la Direction régionale de l’économie, de l’emploi, du travail et des solidarités (DREETS* – DDETS ; voir ci-après) ; le préavis. * DREETS : toutes les fois où il est cité, le mot DREETS se réfère aux différentes directions régionales de l’économie, de l’emploi, du travail et des solidarités (DREETS) compétentes sur le territoire métropolitain, y compris la direction régionale interdépartementale de l’économie, de l’emploi, du travail et des solidarités compétente en Ile-de-France (DRIEETS), aux directions de l’économie, de l’emploi, du travail et des solidarités (DEETS) compétentes en Guadeloupe, Martinique, à La Réunion et à Mayotte et à la direction générale Cohésion et population (DGCOPOP) compétente en Guyane. | 16/04/2025 | https://travail-emploi.gouv.fr/la-procedure-en-cas-de-licenciement-individuel-pour-motif-economique | [
"Lire en complément"
] | Le conseiller du salariéLe congé de reclassementLe contrat de sécurisation professionnelle | La procédure en cas de licenciement individuel pour motif économique
Tout employeur qui envisage de rompre - après la période d'essai - le contrat de travail à durée indéterminée d'un seul salarié pour un motif économique doit respecter les règles concernant : le reclassement du salarié ; l'ordre des licenciements ; la convocation du salarié à un entretien préalable avant toute décision ; la notification du licenciement ; l'information de la Direction régionale de l’économie, de l’emploi, du travail et des solidarités (DREETS* – DDETS ; voir ci-après) ; le préavis. * DREETS : toutes les fois où il est cité, le mot DREETS se réfère aux différentes directions régionales de l’économie, de l’emploi, du travail et des solidarités (DREETS) compétentes sur le territoire métropolitain, y compris la direction régionale interdépartementale de l’économie, de l’emploi, du travail et des solidarités compétente en Ile-de-France (DRIEETS), aux directions de l’économie, de l’emploi, du travail et des solidarités (DEETS) compétentes en Guadeloupe, Martinique, à La Réunion et à Mayotte et à la direction générale Cohésion et population (DGCOPOP) compétente en Guyane.
Le conseiller du salariéLe congé de reclassementLe contrat de sécurisation professionnelle | 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63626333393764353035393439653634 | article101102 | 0 | La procédure de licenciement économique de 2 à 9 salariés | Travail-Emploi | travail-emploi | La procédure de licenciement pour motif économique varie selon le nombre de salariés concernés . Le l icenciement de 2 à 9 salariés sur une période de 30 jours impose à l'employeur le respect de règles de procédure particulières dès lors que l’entreprise compte au moins 11 salariés et qu’elle dispose donc d’un comité social et économique (CSE). Ces règles sont notamment relatives à la consultation du CSE, à l’ordre des licenciements, à l’exigence d’un entretien préalable, et à l’information de l’administration du travail. L'employeur doit aussi, préalablement au licenciement, chercher à reclasser les salariés dont le licenciement est envisagé. | 03/01/2025 | https://travail-emploi.gouv.fr/la-procedure-de-licenciement-economique-de-2-9-salaries | [
"La procédure de licenciement économique de 2 à 9 salariés"
] | À savoir ! En cas de licenciement d'un salarié bénéficiant d'une protection particulière (membre de la délégation du personnel au comité social et économique (CSE), délégué syndical... ), l'employeur doit en outre obtenir une autorisation de l'inspection du travail. | La procédure de licenciement économique de 2 à 9 salariés
La procédure de licenciement pour motif économique varie selon le nombre de salariés concernés . Le l icenciement de 2 à 9 salariés sur une période de 30 jours impose à l'employeur le respect de règles de procédure particulières dès lors que l’entreprise compte au moins 11 salariés et qu’elle dispose donc d’un comité social et économique (CSE). Ces règles sont notamment relatives à la consultation du CSE, à l’ordre des licenciements, à l’exigence d’un entretien préalable, et à l’information de l’administration du travail. L'employeur doit aussi, préalablement au licenciement, chercher à reclasser les salariés dont le licenciement est envisagé.
À savoir ! En cas de licenciement d'un salarié bénéficiant d'une protection particulière (membre de la délégation du personnel au comité social et économique (CSE), délégué syndical... ), l'employeur doit en outre obtenir une autorisation de l'inspection du travail. | 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36653437333230633439373332343635 | article200159 | 3 | La ventilation : principes généraux | Travail-Emploi | travail-emploi | Les règles techniques générales de ventilation ou celles applicables à un type d'activité ou de polluant sont précisément décrites dans les guides de ventilation de l' Institut national de recherche et de sécurité (INRS) référencés à la fin de cette fiche. Il convient de s'y reporter préalablement à l’installation d’un dispositif de ventilation. Toute installation d'un système de captage , surtout si elle concerne l'ensemble d'un atelier, doit être confiée à un bureau d'étude spécialisé , à partir d'un cahier des charges spécifique, réalisé le cas échéant avec l'aide de la Caisse d'assurance retraite et de la santé au travail (CARSAT) . | 08/01/2009 | https://travail-emploi.gouv.fr/la-ventilation-principes-generaux | [
"Comment capter les polluants ?"
] | une vitesse d'air suffisante au point d'émissionCe principe renvoie au comportement aéraulique naturel des polluants. Il est plus facile de capter les gaz que les poussières.Augmenter les vitesses de captage et de transport pour les poussières, afin de les entraîner dans le sillage du réseau d'aspirationUn nuage gazeux se déplace comme l'air de l'atelier dans lequel il se trouve et ne tombe pas au sol.Capter l'air de l'espace pollué pour capter le polluant, ce qui ne nécessite pas des vitesses très importantes si l'on respecte les principes précitésPlus la température du procédé est élevée, plus le polluant aura tendance à s'échapper en quantité importante. Il faudra alors majorer la vitesse de captage, même quand il existe des courants d'air perturbateurs.Répartir uniformément les vitesses d'air au niveau de la zone de captageSi la vitesse d'aspiration de l'air n'est pas la même dans l'ensemble de la zone captée, il y aura des perturbations des flux, voire des tourbillons ramenant le polluant vers l’opérateur. Il existe des dispositifs physiques de répartition d'air (homogénéisation des flux) permettant d'assurer une bonne distribution de celui-ci par exemple en fond de cabine de peinture.Compenser les sorties d'air par des entrées d'air correspondantesA défaut de compenser l’air extrait, le local dans lequel fonctionne le système de ventilation se met en dépression, ce qui réduit l'efficacité de la ventilation et donc le débit d'aspiration. Une partie des polluants n’est | La ventilation : principes généraux
Les règles techniques générales de ventilation ou celles applicables à un type d'activité ou de polluant sont précisément décrites dans les guides de ventilation de l' Institut national de recherche et de sécurité (INRS) référencés à la fin de cette fiche. Il convient de s'y reporter préalablement à l’installation d’un dispositif de ventilation. Toute installation d'un système de captage , surtout si elle concerne l'ensemble d'un atelier, doit être confiée à un bureau d'étude spécialisé , à partir d'un cahier des charges spécifique, réalisé le cas échéant avec l'aide de la Caisse d'assurance retraite et de la santé au travail (CARSAT) .
une vitesse d'air suffisante au point d'émissionCe principe renvoie au comportement aéraulique naturel des polluants. Il est plus facile de capter les gaz que les poussières.Augmenter les vitesses de captage et de transport pour les poussières, afin de les entraîner dans le sillage du réseau d'aspirationUn nuage gazeux se déplace comme l'air de l'atelier dans lequel il se trouve et ne tombe pas au sol.Capter l'air de l'espace pollué pour capter le polluant, ce qui ne nécessite pas des vitesses très importantes si l'on respecte les principes précitésPlus la température du procédé est élevée, plus le polluant aura tendance à s'échapper en quantité importante. Il faudra alors majorer la vitesse de captage, même quand il existe des courants d'air perturbateurs.Répartir uniformément les vitesses d'air au niveau de la zone de captageSi la vitesse d'aspiration de l'air n'est pas la même dans l'ensemble de la zone captée, il y aura des perturbations des flux, voire des tourbillons ramenant le polluant vers l’opérateur. Il existe des dispositifs physiques de répartition d'air (homogénéisation des flux) permettant d'assurer une bonne distribution de celui-ci par exemple en fond de cabine de peinture.Compenser les sorties d'air par des entrées d'air correspondantesA défaut de compenser l’air extrait, le local dans lequel fonctionne le système de ventilation se met en dépression, ce qui réduit l'efficacité de la ventilation et donc le débit d'aspiration. Une partie des polluants n’est | 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61383036353165373966646638633064 | article101102 | 2 | La procédure de licenciement économique de 2 à 9 salariés | Travail-Emploi | travail-emploi | La procédure de licenciement pour motif économique varie selon le nombre de salariés concernés . Le l icenciement de 2 à 9 salariés sur une période de 30 jours impose à l'employeur le respect de règles de procédure particulières dès lors que l’entreprise compte au moins 11 salariés et qu’elle dispose donc d’un comité social et économique (CSE). Ces règles sont notamment relatives à la consultation du CSE, à l’ordre des licenciements, à l’exigence d’un entretien préalable, et à l’information de l’administration du travail. L'employeur doit aussi, préalablement au licenciement, chercher à reclasser les salariés dont le licenciement est envisagé. | 03/01/2025 | https://travail-emploi.gouv.fr/la-procedure-de-licenciement-economique-de-2-9-salaries | [
"Quel est le rôle du comité social et économique (CSE) ?"
] | travail en cas de licenciement dépourvu de cause réelle et sérieuse.L'employeur convoque le CSE et lui remet d'abord un document écrit qui précise :la ou les raisons économiques, financières ou techniques du projet de licenciement ;le nombre de licenciements envisagés ;les catégories professionnelles concernées et les critères proposés pour l'ordre des licenciements ;le nombre de salariés, permanents ou non, employés dans l'établissement ;le calendrier prévisionnel des licenciements ;les mesures de nature économique envisagées ;le cas échéant, les conséquences des licenciements projetés en matière de santé, de sécurité ou de conditions de travail.Avec ces renseignements, est également transmis aux représentants du personnel un document précisant les conditions de mise en œuvre du congé de reclassement.L'employeur réunit ensuite les représentants du personnel. Le procès-verbal de la réunion du CSE est transmis, par l’employeur, à la direction régionale de l’économie, de l’emploi, du travail et des solidarités (DREETS, voir ci-dessous) de son territoire. Les documents seront à déposer sur le portail RupCO.*DREETS, DEETSToutes les fois où il est cité, le mot DREETS se réfère aux différentes directions régionales de l’économie, de l’emploi, du travail et des solidarités (DREETS) compétentes sur le territoire métropolitain, y compris la direction régionale interdépartementale de l’économie, de l’emploi, du travail et des solidarités compétente en Ile-de-France (DRIEETS), aux | La procédure de licenciement économique de 2 à 9 salariés
La procédure de licenciement pour motif économique varie selon le nombre de salariés concernés . Le l icenciement de 2 à 9 salariés sur une période de 30 jours impose à l'employeur le respect de règles de procédure particulières dès lors que l’entreprise compte au moins 11 salariés et qu’elle dispose donc d’un comité social et économique (CSE). Ces règles sont notamment relatives à la consultation du CSE, à l’ordre des licenciements, à l’exigence d’un entretien préalable, et à l’information de l’administration du travail. L'employeur doit aussi, préalablement au licenciement, chercher à reclasser les salariés dont le licenciement est envisagé.
travail en cas de licenciement dépourvu de cause réelle et sérieuse.L'employeur convoque le CSE et lui remet d'abord un document écrit qui précise :la ou les raisons économiques, financières ou techniques du projet de licenciement ;le nombre de licenciements envisagés ;les catégories professionnelles concernées et les critères proposés pour l'ordre des licenciements ;le nombre de salariés, permanents ou non, employés dans l'établissement ;le calendrier prévisionnel des licenciements ;les mesures de nature économique envisagées ;le cas échéant, les conséquences des licenciements projetés en matière de santé, de sécurité ou de conditions de travail.Avec ces renseignements, est également transmis aux représentants du personnel un document précisant les conditions de mise en œuvre du congé de reclassement.L'employeur réunit ensuite les représentants du personnel. Le procès-verbal de la réunion du CSE est transmis, par l’employeur, à la direction régionale de l’économie, de l’emploi, du travail et des solidarités (DREETS, voir ci-dessous) de son territoire. Les documents seront à déposer sur le portail RupCO.*DREETS, DEETSToutes les fois où il est cité, le mot DREETS se réfère aux différentes directions régionales de l’économie, de l’emploi, du travail et des solidarités (DREETS) compétentes sur le territoire métropolitain, y compris la direction régionale interdépartementale de l’économie, de l’emploi, du travail et des solidarités compétente en Ile-de-France (DRIEETS), aux | 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64656437303263376463646434633539 | article101102 | 3 | La procédure de licenciement économique de 2 à 9 salariés | Travail-Emploi | travail-emploi | La procédure de licenciement pour motif économique varie selon le nombre de salariés concernés . Le l icenciement de 2 à 9 salariés sur une période de 30 jours impose à l'employeur le respect de règles de procédure particulières dès lors que l’entreprise compte au moins 11 salariés et qu’elle dispose donc d’un comité social et économique (CSE). Ces règles sont notamment relatives à la consultation du CSE, à l’ordre des licenciements, à l’exigence d’un entretien préalable, et à l’information de l’administration du travail. L'employeur doit aussi, préalablement au licenciement, chercher à reclasser les salariés dont le licenciement est envisagé. | 03/01/2025 | https://travail-emploi.gouv.fr/la-procedure-de-licenciement-economique-de-2-9-salaries | [
"Quel est le rôle du comité social et économique (CSE) ?"
] | (DRIEETS), aux directions de l’économie, de l’emploi, du travail et des solidarités (DEETS) compétentes en Guadeloupe, Martinique, à La Réunion et à Mayotte et à la direction générale Cohésion et population (DGCOPOP) compétente en Guyane. | La procédure de licenciement économique de 2 à 9 salariés
La procédure de licenciement pour motif économique varie selon le nombre de salariés concernés . Le l icenciement de 2 à 9 salariés sur une période de 30 jours impose à l'employeur le respect de règles de procédure particulières dès lors que l’entreprise compte au moins 11 salariés et qu’elle dispose donc d’un comité social et économique (CSE). Ces règles sont notamment relatives à la consultation du CSE, à l’ordre des licenciements, à l’exigence d’un entretien préalable, et à l’information de l’administration du travail. L'employeur doit aussi, préalablement au licenciement, chercher à reclasser les salariés dont le licenciement est envisagé.
(DRIEETS), aux directions de l’économie, de l’emploi, du travail et des solidarités (DEETS) compétentes en Guadeloupe, Martinique, à La Réunion et à Mayotte et à la direction générale Cohésion et population (DGCOPOP) compétente en Guyane. | 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38316666663263623330623338303337 | article101102 | 4 | La procédure de licenciement économique de 2 à 9 salariés | Travail-Emploi | travail-emploi | La procédure de licenciement pour motif économique varie selon le nombre de salariés concernés . Le l icenciement de 2 à 9 salariés sur une période de 30 jours impose à l'employeur le respect de règles de procédure particulières dès lors que l’entreprise compte au moins 11 salariés et qu’elle dispose donc d’un comité social et économique (CSE). Ces règles sont notamment relatives à la consultation du CSE, à l’ordre des licenciements, à l’exigence d’un entretien préalable, et à l’information de l’administration du travail. L'employeur doit aussi, préalablement au licenciement, chercher à reclasser les salariés dont le licenciement est envisagé. | 03/01/2025 | https://travail-emploi.gouv.fr/la-procedure-de-licenciement-economique-de-2-9-salaries | [
"Quelles sont les étapes de la procédure de licenciement ?"
] | L'ordre des licenciementsAfin de déterminer les salariés susceptibles d'être licenciés, l'employeur doit tenir compte des critères prévus par convention ou accord collectif ou, à tout le moins, par le Code du travail (article L. 1233-5).Le licenciement pour motif économique d'un salarié ne peut intervenir que lorsque tous les efforts de formation et d'adaptation ont été réalisés et que le reclassement de l'intéressé ne peut être opéré sur les emplois disponibles, situés sur le territoire national dans l'entreprise ou les autres entreprises du groupe dont l'entreprise fait partie et dont l'organisation, les activités ou le lieu d'exploitation assurent la permutation de tout ou partie du personnel.La convocation à un entretien préalableLe salarié est convoqué par lettre recommandée ou par lettre remise en main propre contre décharge.Cette lettre mentionne l'objet de l'entretien, sa date, son lieu et son heure, ainsi que la possibilité, pour le salarié, de se faire assister par une personne de son choix :appartenant au personnel de l’entreprise, si celle-ci est dotée de représentants du personnel ;appartenant au personnel de l’entreprise ou étant conseiller du salarié, si l’entreprise n’est pas dotée de représentants du personnel. La convocation doit préciser l’adresse des services où le salarié peut consulter la liste des conseillers du salarié (mairie ou inspection du travail).À savoir ! L'envoi recommandé électronique de la convocation est équivalent à l'envoi par lettre | La procédure de licenciement économique de 2 à 9 salariés
La procédure de licenciement pour motif économique varie selon le nombre de salariés concernés . Le l icenciement de 2 à 9 salariés sur une période de 30 jours impose à l'employeur le respect de règles de procédure particulières dès lors que l’entreprise compte au moins 11 salariés et qu’elle dispose donc d’un comité social et économique (CSE). Ces règles sont notamment relatives à la consultation du CSE, à l’ordre des licenciements, à l’exigence d’un entretien préalable, et à l’information de l’administration du travail. L'employeur doit aussi, préalablement au licenciement, chercher à reclasser les salariés dont le licenciement est envisagé.
L'ordre des licenciementsAfin de déterminer les salariés susceptibles d'être licenciés, l'employeur doit tenir compte des critères prévus par convention ou accord collectif ou, à tout le moins, par le Code du travail (article L. 1233-5).Le licenciement pour motif économique d'un salarié ne peut intervenir que lorsque tous les efforts de formation et d'adaptation ont été réalisés et que le reclassement de l'intéressé ne peut être opéré sur les emplois disponibles, situés sur le territoire national dans l'entreprise ou les autres entreprises du groupe dont l'entreprise fait partie et dont l'organisation, les activités ou le lieu d'exploitation assurent la permutation de tout ou partie du personnel.La convocation à un entretien préalableLe salarié est convoqué par lettre recommandée ou par lettre remise en main propre contre décharge.Cette lettre mentionne l'objet de l'entretien, sa date, son lieu et son heure, ainsi que la possibilité, pour le salarié, de se faire assister par une personne de son choix :appartenant au personnel de l’entreprise, si celle-ci est dotée de représentants du personnel ;appartenant au personnel de l’entreprise ou étant conseiller du salarié, si l’entreprise n’est pas dotée de représentants du personnel. La convocation doit préciser l’adresse des services où le salarié peut consulter la liste des conseillers du salarié (mairie ou inspection du travail).À savoir ! L'envoi recommandé électronique de la convocation est équivalent à l'envoi par lettre | 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33396161393962323865326138366465 | article101102 | 5 | La procédure de licenciement économique de 2 à 9 salariés | Travail-Emploi | travail-emploi | La procédure de licenciement pour motif économique varie selon le nombre de salariés concernés . Le l icenciement de 2 à 9 salariés sur une période de 30 jours impose à l'employeur le respect de règles de procédure particulières dès lors que l’entreprise compte au moins 11 salariés et qu’elle dispose donc d’un comité social et économique (CSE). Ces règles sont notamment relatives à la consultation du CSE, à l’ordre des licenciements, à l’exigence d’un entretien préalable, et à l’information de l’administration du travail. L'employeur doit aussi, préalablement au licenciement, chercher à reclasser les salariés dont le licenciement est envisagé. | 03/01/2025 | https://travail-emploi.gouv.fr/la-procedure-de-licenciement-economique-de-2-9-salaries | [
"Quelles sont les étapes de la procédure de licenciement ?"
] | l'envoi par lettre recommandée, dès lors qu'il satisfait aux exigences des articles R. 53 à R. 53-4 du Code des postes et des communications électroniques. Le destinataire (ici, le salarié) doit, en outre, avoir exprimé à l'expéditeur son consentement à recevoir des envois recommandés électroniques.L'entretien préalableIl ne peut avoir lieu moins de cinq jours ouvrables après la première présentation de la lettre recommandée ou la remise en main propre contre décharge de la lettre de convocation.Au cours de l'entretien, le salarié peut être assisté par une personne de son choix appartenant à l'entreprise. Lorsqu'il n'y a pas d'institutions représentatives du personnel dans l'entreprise, le salarié peut se faire assister soit par une personne de son choix appartenant au personnel de l'entreprise, soit par un conseiller du salarié.L'employeur doit expliquer le motif du licenciement et les critères retenus. Il doit également :si l'entreprise est soumise à l'obligation de proposer un congé de reclassement, informer le salarié des conditions de mise en œuvre de ce congé de reclassement ;si l’entreprise est soumise à l’obligation de proposer un contrat de sécurisation professionnelle (CSP) remettre au salarié, contre récépissé, le document écrit d’information présentant le CSP.Sanctions des irrégularités de formeLorsqu’une irrégularité de forme a été commise au cours de la procédure, notamment si le licenciement d’un salarié intervient sans que la procédure requise au titre de | La procédure de licenciement économique de 2 à 9 salariés
La procédure de licenciement pour motif économique varie selon le nombre de salariés concernés . Le l icenciement de 2 à 9 salariés sur une période de 30 jours impose à l'employeur le respect de règles de procédure particulières dès lors que l’entreprise compte au moins 11 salariés et qu’elle dispose donc d’un comité social et économique (CSE). Ces règles sont notamment relatives à la consultation du CSE, à l’ordre des licenciements, à l’exigence d’un entretien préalable, et à l’information de l’administration du travail. L'employeur doit aussi, préalablement au licenciement, chercher à reclasser les salariés dont le licenciement est envisagé.
l'envoi par lettre recommandée, dès lors qu'il satisfait aux exigences des articles R. 53 à R. 53-4 du Code des postes et des communications électroniques. Le destinataire (ici, le salarié) doit, en outre, avoir exprimé à l'expéditeur son consentement à recevoir des envois recommandés électroniques.L'entretien préalableIl ne peut avoir lieu moins de cinq jours ouvrables après la première présentation de la lettre recommandée ou la remise en main propre contre décharge de la lettre de convocation.Au cours de l'entretien, le salarié peut être assisté par une personne de son choix appartenant à l'entreprise. Lorsqu'il n'y a pas d'institutions représentatives du personnel dans l'entreprise, le salarié peut se faire assister soit par une personne de son choix appartenant au personnel de l'entreprise, soit par un conseiller du salarié.L'employeur doit expliquer le motif du licenciement et les critères retenus. Il doit également :si l'entreprise est soumise à l'obligation de proposer un congé de reclassement, informer le salarié des conditions de mise en œuvre de ce congé de reclassement ;si l’entreprise est soumise à l’obligation de proposer un contrat de sécurisation professionnelle (CSP) remettre au salarié, contre récépissé, le document écrit d’information présentant le CSP.Sanctions des irrégularités de formeLorsqu’une irrégularité de forme a été commise au cours de la procédure, notamment si le licenciement d’un salarié intervient sans que la procédure requise au titre de | 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38323434386231653463333839333632 | article101102 | 6 | La procédure de licenciement économique de 2 à 9 salariés | Travail-Emploi | travail-emploi | La procédure de licenciement pour motif économique varie selon le nombre de salariés concernés . Le l icenciement de 2 à 9 salariés sur une période de 30 jours impose à l'employeur le respect de règles de procédure particulières dès lors que l’entreprise compte au moins 11 salariés et qu’elle dispose donc d’un comité social et économique (CSE). Ces règles sont notamment relatives à la consultation du CSE, à l’ordre des licenciements, à l’exigence d’un entretien préalable, et à l’information de l’administration du travail. L'employeur doit aussi, préalablement au licenciement, chercher à reclasser les salariés dont le licenciement est envisagé. | 03/01/2025 | https://travail-emploi.gouv.fr/la-procedure-de-licenciement-economique-de-2-9-salaries | [
"Quelles sont les étapes de la procédure de licenciement ?"
] | requise au titre de l’entretien préalable ait été observée (procédure prévue par les articles L. 1233-11 à L. 1233-13 du code du travail) ou sans que la procédure conventionnelle de consultation préalable au licenciement ait été respectée, mais pour une cause réelle et sérieuse, le juge accorde au salarié, à la charge de l’employeur, une indemnité qui ne peut être supérieure à un mois de salaire.La lettre de licenciementLe motif économique invoqué à l'appui du licenciement doit figurer dans la lettre de licenciement. L'énoncé du motif doit être précis (voir également ci-dessous) : la simple référence à la conjoncture économique, à un licenciement collectif pour motif économique, ou à une suppression de poste ne suffit pas.Possibilité de préciser la lettre de licenciementLes motifs énoncés dans la lettre de licenciement peuvent, après la notification de celle-ci, être précisés par l'employeur, soit à son initiative soit à la demande du salarié. Les délais et la procédure à suivre sont les suivants :dans les 15 jours suivant la notification du licenciement, le salarié peut, par lettre recommandée avec avis de réception ou remise contre récépissé, demander à l'employeur des précisions sur les motifs énoncés dans la lettre de licenciement. L’employeur dispose d'un délai de 15 jours après la réception de la demande du salarié pour apporter des précisions s'il le souhaite. Il communique ces précisions au salarié par lettre recommandée avec avis de réception ou remise contre | La procédure de licenciement économique de 2 à 9 salariés
La procédure de licenciement pour motif économique varie selon le nombre de salariés concernés . Le l icenciement de 2 à 9 salariés sur une période de 30 jours impose à l'employeur le respect de règles de procédure particulières dès lors que l’entreprise compte au moins 11 salariés et qu’elle dispose donc d’un comité social et économique (CSE). Ces règles sont notamment relatives à la consultation du CSE, à l’ordre des licenciements, à l’exigence d’un entretien préalable, et à l’information de l’administration du travail. L'employeur doit aussi, préalablement au licenciement, chercher à reclasser les salariés dont le licenciement est envisagé.
requise au titre de l’entretien préalable ait été observée (procédure prévue par les articles L. 1233-11 à L. 1233-13 du code du travail) ou sans que la procédure conventionnelle de consultation préalable au licenciement ait été respectée, mais pour une cause réelle et sérieuse, le juge accorde au salarié, à la charge de l’employeur, une indemnité qui ne peut être supérieure à un mois de salaire.La lettre de licenciementLe motif économique invoqué à l'appui du licenciement doit figurer dans la lettre de licenciement. L'énoncé du motif doit être précis (voir également ci-dessous) : la simple référence à la conjoncture économique, à un licenciement collectif pour motif économique, ou à une suppression de poste ne suffit pas.Possibilité de préciser la lettre de licenciementLes motifs énoncés dans la lettre de licenciement peuvent, après la notification de celle-ci, être précisés par l'employeur, soit à son initiative soit à la demande du salarié. Les délais et la procédure à suivre sont les suivants :dans les 15 jours suivant la notification du licenciement, le salarié peut, par lettre recommandée avec avis de réception ou remise contre récépissé, demander à l'employeur des précisions sur les motifs énoncés dans la lettre de licenciement. L’employeur dispose d'un délai de 15 jours après la réception de la demande du salarié pour apporter des précisions s'il le souhaite. Il communique ces précisions au salarié par lettre recommandée avec avis de réception ou remise contre | 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61333834646139323563306631643633 | article101102 | 7 | La procédure de licenciement économique de 2 à 9 salariés | Travail-Emploi | travail-emploi | La procédure de licenciement pour motif économique varie selon le nombre de salariés concernés . Le l icenciement de 2 à 9 salariés sur une période de 30 jours impose à l'employeur le respect de règles de procédure particulières dès lors que l’entreprise compte au moins 11 salariés et qu’elle dispose donc d’un comité social et économique (CSE). Ces règles sont notamment relatives à la consultation du CSE, à l’ordre des licenciements, à l’exigence d’un entretien préalable, et à l’information de l’administration du travail. L'employeur doit aussi, préalablement au licenciement, chercher à reclasser les salariés dont le licenciement est envisagé. | 03/01/2025 | https://travail-emploi.gouv.fr/la-procedure-de-licenciement-economique-de-2-9-salaries | [
"Quelles sont les étapes de la procédure de licenciement ?"
] | ou remise contre récépissé ;dans un délai de 15 jours suivant la notification du licenciement et selon les mêmes formes, l'employeur peut, à son initiative, préciser les motifs du licenciement. La lettre de licenciement, précisée le cas échéant par l’employeur, fixe les limites du litige en ce qui concerne les motifs de licenciement. À défaut pour le salarié d’avoir formé auprès de l’employeur une demande en application des dispositions mentionnées ci-dessus, l’irrégularité que constitue une insuffisance de motivation de la lettre de licenciement ne prive pas, à elle seule, le licenciement de cause réelle et sérieuse et ouvre droit à une indemnité qui ne peut excéder un mois de salaire. En l’absence de cause réelle et sérieuse du licenciement, le préjudice résultant du vice de motivation de la lettre de rupture est réparé par l’indemnité allouée conformément au barème applicable en cas de licenciement dépourvu de cause réelle et sérieuse.Doivent également figurer dans la lettre de licenciement :la proposition du congé de reclassement si l'entreprise est soumise à l'obligation de proposer un tel congé aux salariés licenciés pour motif économique ;l'existence d'une priorité de réembauche d'une durée d'un an à compter de la rupture du contrat si le salarié manifeste son désir d'en user, par écrit, dans un délai d'un an à compter de la rupture du contrat (c'est-à-dire à la fin du préavis).Modèle de lettre de licenciementLorsqu'il notifie un licenciement collectif pour motif | La procédure de licenciement économique de 2 à 9 salariés
La procédure de licenciement pour motif économique varie selon le nombre de salariés concernés . Le l icenciement de 2 à 9 salariés sur une période de 30 jours impose à l'employeur le respect de règles de procédure particulières dès lors que l’entreprise compte au moins 11 salariés et qu’elle dispose donc d’un comité social et économique (CSE). Ces règles sont notamment relatives à la consultation du CSE, à l’ordre des licenciements, à l’exigence d’un entretien préalable, et à l’information de l’administration du travail. L'employeur doit aussi, préalablement au licenciement, chercher à reclasser les salariés dont le licenciement est envisagé.
ou remise contre récépissé ;dans un délai de 15 jours suivant la notification du licenciement et selon les mêmes formes, l'employeur peut, à son initiative, préciser les motifs du licenciement. La lettre de licenciement, précisée le cas échéant par l’employeur, fixe les limites du litige en ce qui concerne les motifs de licenciement. À défaut pour le salarié d’avoir formé auprès de l’employeur une demande en application des dispositions mentionnées ci-dessus, l’irrégularité que constitue une insuffisance de motivation de la lettre de licenciement ne prive pas, à elle seule, le licenciement de cause réelle et sérieuse et ouvre droit à une indemnité qui ne peut excéder un mois de salaire. En l’absence de cause réelle et sérieuse du licenciement, le préjudice résultant du vice de motivation de la lettre de rupture est réparé par l’indemnité allouée conformément au barème applicable en cas de licenciement dépourvu de cause réelle et sérieuse.Doivent également figurer dans la lettre de licenciement :la proposition du congé de reclassement si l'entreprise est soumise à l'obligation de proposer un tel congé aux salariés licenciés pour motif économique ;l'existence d'une priorité de réembauche d'une durée d'un an à compter de la rupture du contrat si le salarié manifeste son désir d'en user, par écrit, dans un délai d'un an à compter de la rupture du contrat (c'est-à-dire à la fin du préavis).Modèle de lettre de licenciementLorsqu'il notifie un licenciement collectif pour motif | 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