This article analyses economic dismissal in the context of collective insolvency proceedings in light of the Covid-19 health crisis, which severely affected employment and created tension between employee protection and the need to safeguard businesses. It emphasizes that the opening of collective proceedings does not, in itself, constitute a sufficient ground for economic dismissal, as the guiding principle remains the continuation of business activity and the preservation of employment, particularly during the observation period. However, where the survival of the company so requires, dismissals may be authorized under judicial supervision. The study highlights the practical difficulties arising from the combined application of the Labour Code and the Commercial Code, notably the requirement of a dual system of judicial and administrative authorization, which generates delays and legal uncertainty. It concludes by calling for legislative reform to adapt the procedure for economic dismissal to the specific context of distressed companies, while maintaining a balance between employment protection and business continuity.
Mounia Cheblaoui (Sun,) studied this question.