Where the court finds that the dismissal has taken place when the dismissal procedure is null and void, in accordance with the provisions of the first two paragraphs of Article L. 1235-10, it may order the continuation of the employment contract or declare the dismissal null and void and order the reinstatement of the employee at the latter’s request, unless such reinstatement has become impossible, in particular due to the closure of the establishment or site or the lack of available employment.
Where the employee does not request the continuation of his employment contract or where reinstatement is impossible, the judge will award the employee compensation payable by the employer, which may not be less than the last six months’ salary.