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Anticipating and addressing a company’s downturn

Many factors can lead a company to anticipate or suffer a drop in activity: loss of a customer or market, pandemic, economic situation, etc.

At the same time, many legal tools are available to deal with these situations, without jeopardising the company’s viability.

When they call on us, our clients expect us to develop recommendations and strategies adapted to the organisational and functional goals they are seeking, taking into consideration all their constraints, and in particular the complex ecosystem in which they operate, including their partners (social partners, professional sector, Regional Directorates for the Economy, Employment, Labour and Solidarity (DREETS- Directions régionales de l’économie, de l’emploi, du travail et des solidarités), experts, the media, etc.).

EXILAE Avocats thus offers unfailing assistance in the face of the risks generated by a drop in activity. The firm mobilises all of its experience and resources to provide its clients, whatever their size and sector of activity, with operational and secure solutions, taking into account their economic and social reality

Faced with a company’s project to change an existing organisation, internalising or outsourcing activities, restructuring the company, implementing staff reduction plans (employment protection plans / voluntary departure plans), our lawyers and legal experts are involved at every stage, ensuring that the measures implemented comply with the law, while taking into account the social consequences.

Practice areas

Managing a temporary decline in staff numbers
  • Amendment of the employment contract for economic reasons
  • Supply of staff
  • Dismissal for individual economic reasons (reclassification and termination of the contract)
  • Outsourcing of activities
Managing partial operation
  • Implementation of long-term or temporary partial operations
  • Collective agreement
  • Procedure for consulting staff representatives
  • Administrative declarations and accounting follow-up
Redundancy for collective economic reasons and implementation of an employment protection plan (PSE- Plan de sauvegarde de l’emploi)
  • Assistance in negotiating a framework agreement
  • Setting the criteria for the order of dismissals
  • Collective agreement
  • Consultation procedure with staff representatives
  • Redundancy procedures
  • Administrative declarations and follow-up of the support measures offered to employees
Voluntary departure plan
  • Consultation procedure with staff representatives
  • Negotiations
  • Drafting of the voluntary departure plan
  • Administrative declarations and monitoring of the support measures offered to employee
Management of social dialogue in times of crisis
  • Consultation of staff representatives (response to the Social and Economic Committee's right of economic alert)
  • Solidarity fund agreement
  • Revision or denunciation of non-motivating practices or collective agreements with a financial impact
  • Collective performance agreement
Collective contractual termination
  • Procedure for consulting staff representatives
  • Administrative declarations and follow-up of the support measures offered to employees
  • Negotiation and drafting of the collective termination agreement
Collective proceedings
  • Safeguard proceedings (opening and assistance)
  • Judicial liquidation (opening and assistance in the management of employees)
  • Judicial reorganisation (opening and assistance in the management of the judicial reorganisation procedure, supervision of the intervention of the official receiver, contribution to the adoption of the reorganisation plan or, failing that, assistance in the judicial liquidation procedure)
  • Implementation of accelerated redundancy procedures specific to companies undergoing difficulties

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