An employee dismissed for economic reasons may benefit from the priority of re-employment, regardless of whether the dismissal is individual or collective.

The priority of hiring is applicable regardless of the number of employees made redundant, the number of employees in the company or the seniority of the employee.

The priority of hiring also concerns the employee dismissed for economic reasons who has accepted a professional security contract (CSP) or a reclassification leave.

It also applies to employees whose employment contract is broken in the following situations:

• Voluntary departure plan against a backdrop of economic difficulties in the company
• Job Protection Plan (PES).

The employee dismissed for economic reasons is informed by his employer its possibility of benefiting from the re-employment priority.

The employer must mention in the termination letter the existence of the re-employment priority and the conditions for its implementation.

When the employee has accepted the professional security contract (CSP), the rehire priority must appear in the written document setting out the economic reason for the termination.

It shall be given to the employee at the latest at time of accession.

To be able to benefit from priority from re-hiring, the employee must apply to his former employer.

No formalism is imposed, but it is advised the employee to make his request in writing (e.g. an e-mail or letter RAR: titleContent).

The employee benefits from the priority of re-hiring during 1 year if he has made a request to the former employer.

This period starts on the date of termination of his employment contract.

The termination date of the contract varies according to the following situations:

• Date of termination of notice of dismissalit does not matter whether it is carried out or not
• Date of end of 21-day reflection period when the employee accepts the professional security contract
• Date of termination of the employment contract agreed between the employer and the employee in the context of a voluntary departure plan in a context of economic difficulties in the company
• Date of end of reclassification leave possible.

A period of more than 1 year may be provided for by a job protection plan or a collective agreement.

The employer must inform the employee of everything company job made available and compatible with his qualification.

The employer informs the employee of the available position resulting in a recruitment, then d'hiring.

This use must be compatible with the qualification that the employee had at the time of his dismissal.

It must also be compatible with the new qualification which the employee may have been able to obtain after his dismissal, if he has informed the employer in advance.

No formalism is imposed, but it is advised the employer to inform the employee in writing (for example by letter RAR: titleContent or mail).

The employer's proposal for employment may provide for a response time limit of the employee. This period must be reasonable.

When several employees wish to benefit at the same time from the priority of re-hiring on the same position, the employer is not obliged to follow a determined order to make his choice.

The employer can freely choose the future employee according to the interest of the company and according to criteria that it can define itself (for example seniority, skill, order of arrival on the application, etc.).

In the event of a dispute, the employer must provide the judge with the objective elements on which he relied to make his choice.

An employer who does not meet its obligations is subject to sanctions which vary according to the nature of the offense.