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Question · Restructuring: definition and constructive obligation

In a country where Kervellis's supervisory board includes employee representatives, that board approves on 12 December 20X5 a detailed plan to transfer production from two sites to a third, implemented from February to July 20X6. The plan is handed to the employee representatives on the same day; employees and customers will be informed only in January. Write a memo concluding on whether a constructive obligation exists at 31 December 20X5, distinguishing rule, data and judgement.

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Judgment question: compare your answer with the criteria and the model explanation.

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