201610.21
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The dismissal is justified in the case of corporate restructuring

The dismissal is justified in the case of corporate restructuring.

« It should first of all be noted that contrary to the findings of B., it does not emerge from the aforementioned termination letter that his dismissal is based on economic reasons, strictly speaking. The dismissal is based instead on considerations related to the restructuring of the company in the interests of rationalization and reduction of its operating costs, consisting of the species in the removal of the « Belegverwaltung » involving the dismissal of the two people composing the department and the transfer of these tasks to the « Disposition » service.

In the event of a dismissal based on the operational requirements of the business or service within the meaning of Article L.124-5 (2) of the Labour Code, the law does not require the existence of economic difficulties to justify the dismissal, but takes into consideration only the business operational requirements, establishment or service.

(…) It is sufficient that the motivation letter states precisely the reason based on the operational requirements of the company, establishment or service.

This requirement makes sense and is necessary to the extent that it cannot be required of an employer to wait until the financial situation of the company degrades completely before reacting and that he not be allowed to take restructuring measures by reducing operating costs and proceeding if necessary to layoffs.

The employer, who is invested with the company’s managing power, may, for reasons of economic efficiency, restructure its services in a more rational way, even in the absence of a burdened financial situation.

His powers of decision on the organization or restructuring of the Company with respect to his discretionary choice to dismiss are only questioned when the dismissal is unrelated to the reorganization and is merely a pretext or carried out with reprehensible levity  » (C.S.J., 23/10/214, n° 39784 du rôle).