You are within the scope of a PSE: 5 steps to regain control

Learning that a PSE may affect your job is rarely a good day. The natural reaction is to panic — or, conversely, to downplay it. Neither helps. French law gives you several months between the announcement and any actual decision. Use them methodically.

Step 1 — Understand your exact situation

First and foremost, pinpoint exactly which professional category you are classified in. This is the central criterion: the PSE lists the positions eliminated by category, not by name. If your category has 10 people and 6 positions are eliminated, your departure is not certain — the employer will then apply the selection criteria (seniority, family responsibilities, social situation, professional qualities) to determine who leaves.

Ask your staff representative or your HR department:

• What is my professional category in the PSE?
• How many positions are being eliminated in this category?
• Which selection criteria have been adopted?
• On what date will the matrix be applied?

Step 2 — Know your rights during the procedure

Throughout the entire CSE consultation period (2 to 4 months depending on the size of the plan), you are entitled to several rights:

• Right to information: all documents submitted to the CSE must be made available to you through your representatives;
• Right to internal redeployment: the employer must actively seek to redeploy you to an equivalent position or one of a lower category (with your consent);
• Priority for rehiring for 1 year after the end of your contract (article L1233-45 of the French Labour Code);
• Protected status if you are on sick leave, maternity leave, or are a CSE-elected representative — see special cases;
• A minimum of 15 days to respond to a redeployment offer.

To understand the full PSE timeline, see our dedicated breakdown.

Step 3 — Check the strength of the economic grounds

The employer must prove a genuine economic cause. This may consist of:

• Economic difficulties (falling revenue, operating losses);
• Technological changes;
• Reorganisation to safeguard competitiveness;
• Cessation of activity.

If you believe these grounds are artificial — for example, the company is simultaneously paying out substantial dividends, or the "reorganisation" is actually a disguised offshoring — a challenge before the Prud'hommes (labour court) is available for 12 months from the notification of the dismissal.

A recent landmark case: Goodyear Amiens 2014 — closure ruled unjustified by the Prud'hommes in 2020, with 800 former employees compensated retroactively.

Step 4 — Assess your three options

Option A: Voluntary departure (if offered)

If the PSE includes a PDV or an RCC, you can choose to leave voluntarily. Advantages: often better financial terms, control over the timing, a valued professional project. Drawback: an irreversible commitment.

Option B: Internal redeployment

Accept a redeployment position that is offered. Advantages: continuity of employment, seniority preserved. Drawbacks: a potentially less interesting position, a different location, a possible reduction in salary.

Option C: Dismissal with CSP

You remain within the scope, you are dismissed, and you sign up for the CSP. In most cases, this is the most financially advantageous option for salaries below €150k. You receive: statutory severance + contractual severance + the PSE's supra-statutory top-up + 75% of salary for 12 months with no waiting period.

To understand the trade-offs: our CSP guide + our supra-statutory severance guide.

Step 5 — Prepare your negotiation strategy

Even within a PSE, you retain some room for individual negotiation. The levers:

• Request a settlement — a settlement agreement can increase your supra-statutory severance, but be careful: it requires you to waive any subsequent legal action;
• Negotiate your departure date — useful if you have a personal project (training, relocation, a professional venture);
• Request enhanced outplacement — an outplacement firm paid for by the employer, with variable duration and quality;
• Assert qualitative concessions: a letter of recommendation, exemption from the notice period without loss of salary, additional funded training, continued health insurance beyond the statutory portability period.

Special cases: pregnancy, illness, mandate

Three statuses give you particular protection:

• Pregnancy / maternity leave: enhanced protection under article L1225-4 of the French Labour Code. Dismissal is only possible for a reason unrelated to the pregnancy AND the impossibility of maintaining the contract. Within a PSE, your dismissal remains possible, but the employer must prove the reality of the scope and the absence of any redeployment option;
• Sick leave or work-related accident: protection during the suspension of the contract. Dismissal is suspended until your return;
• Staff representative mandate: prior authorisation from the Labour Inspectorate is mandatory in order to dismiss you.

When should you consult a lawyer or your union?

As early as possible. The union (your CSE delegate) is thoroughly familiar with the internal context and the criteria matrix. The employment lawyer provides a legal reading of the PSE's clauses and of your personal situation. Many lawyers offer a first consultation at a reduced rate or free of charge for PSE cases.