The obligation to redeploy in the context of economic redundancy<\/p>\n\n\n\n
A redundancy for economic reasons is a redundancy carried out by an employer for one or more reasons not inherent to the person of the employee resulting from the elimination or transformation of a job or a modification, refused by the employee, of an essential element of the employment contract, following in particular economic difficulties, technological changes, a reorganisation of the company necessary to safeguard its competitiveness or the cessation of the company's activity<\/p>\n\n\n\n
With regard to the obligation to reclassify, the Labour Code states that :<\/p>\n\n\n\n
\"The redundancy of an employee for economic reasons can only take place when all efforts at training and adaptation have been made and when the person concerned cannot be redeployed to available jobs located on the national territory in the company or other companies of the group to which the company belongs and whose organisation, activities or place of operation ensure the interchange of all or part of the personnel. [...] \".<\/p>\n\n\n\n
This redeployment obligation is applicable regardless of the size of the company or the number of employees affected by the redundancy.<\/p>\n\n\n\n
This obligation also applies in the context of a job protection plan.<\/p>\n\n\n\n
Reclassification offers must be made before the dismissal procedure is initiated because they are intended to avoid dismissing an employee.<\/p>\n\n\n\n
Specific written proposals must have been sent to the employee as the employer must do everything possible to try to reclassify the employee.<\/p>\n\n\n\n