Article L. 1235-3 does not apply if the court finds that the dismissal is vitiated by one of the nullities provided for in the second paragraph of this article. In this case, if the employee does not request continued performance of his employment contract or if his reinstatement is impossible, the court shall award him compensation, payable by the employer, which may not be less than the last six months’ salary.
The nullities mentioned in the first paragraph are those relating to :
1° Violation of a fundamental freedom;
2° Acts of moral or sexual harassment under the conditions mentioned in articles L. 1152-3 and L. 1153-4 ;
3° Discriminatory dismissal under the conditions mentioned in articles L. 1132-4 and L. 1134-4;
4° Dismissal following legal action relating to professional equality between women and men under the conditions mentioned in article L. 1144-3, or the reporting of crimes and offences;
5° Dismissal of a protected employee mentioned in articles L. 2411-1 and L. 2412-1 due to the exercise of his mandate;
6° Dismissal of an employee in disregard of the protections mentioned in articles L. 1225-71 and L. 1226-13.
The compensation is due without prejudice to the payment of salary, where this is due pursuant to the provisions of article L. 1225-71 and the protective status from which certain employees benefit pursuant to Chapter I of Title I of Book IV of Part Two of the Labour Code, which would have been received during the period covered by the nullity and, where applicable, without prejudice to statutory, contractual or conventional redundancy compensation.