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A ministerial circular Orientations & Contrôle has been published to give a complete overview of the methods of instruction and control of requests for authorization to terminate or transfer the employment contract of protected employees . The circular recognizes the increased control of judges in the control of the decisions of the administrative authority, in particular with regard to the motivation, the regularity of the procedure and the respect of the principles of equity during the phase of examination of the requests for ‘authorisation .
Strengthening Judicial Control: Motivation, Procedures and Contradictory Principle:-
Structured in thematic sheets, this circular addresses various aspects related to authorization requests. It covers topics such as the competence of labor inspectors, conducting thorough investigations, ensuring compliance with legal and contractual procedures, understanding the reasons for requesting authorization, drafting effective motivation statements, proper notification of the request and dealing with the repercussions of disputed reversals of decisions. By consolidating this information, the circular aims to streamline the authorization process and improve clarity for all parties involved.
A key aspect highlighted in the circular is the need for careful consideration and justification of authorization requests. The administrative authority is invited to provide in-depth justifications, taking into account the legal and regulatory framework, while ensuring compliance with the applicable collective agreements. The circular emphasizes the importance of the adversarial principle, which requires that all parties concerned have the opportunity to present their arguments and evidence before a decision is taken.
Thematic files: solving key problems in authorization requests: –
In addition, the circular stresses the importance of respecting the appropriate procedures throughout the authorization process. It emphasizes the role of labor inspectors in assessing the merits of each case and verifying that the request complies with legal requirements. The circular also stresses the need for clear and timely communication, both to inform employees of the request and to ensure that affected parties are informed of the decision and its potential implications.
Finally, the circular specifies that it cancels and replaces any previous circular on the subject, consolidating and updating the guidelines for processing authorization requests.
In conclusion, the ministerial circular serves as a complete guide, presenting the guidelines and procedures for examining and monitoring requests for termination or transfer of the employment contracts of protected employees. By addressing key areas of concern, ensuring compliance with legal and procedural requirements, and emphasizing the importance of motivation and fairness, the circular aims to facilitate a transparent and efficient process while respecting the rights and protection employees.
