Where a dismissal is made in disregard of the provisions relating to the reinstatement of the employee, as provided for inarticle L. 1226-8, the court hearing the case may propose that the employee be reinstated in the company, with his acquired benefits being maintained.
The same applies in the event of dismissal decided in disregard of the provisions relating to the redeployment of an employee declared unfit for work, as set out in articles L. 1226-10 to L. 1226-12.
If either party refuses to reinstate the employee, the court will award compensation to the employee, the amount of which is set in accordance with the provisions ofarticle L. 1235-3-1. This indemnity is cumulative with the compensatory indemnity and, where applicable, the special redundancy indemnity provided for inarticle L. 1226-14.
When a dismissal is decided in disregard of the provisions of the last paragraph of article L. 1226-12, the provisions ofarticle L. 1235-2 shall be applied in the event of failure to comply with the dismissal procedure.