The termination of the fixed-term employment contract of a member of the staff delegation of the inter-company social and economic committee before expiry of the term due to serious misconduct or unfitness certified by the occupational physician, or on expiry of the term when the employer does not intend to renew a contract containing a renewal clause, may only take place after authorisation by the labour inspector.
This procedure also applies to the former member of the staff delegation of the inter-company social and economic committee or to the candidate for the position of member of the staff delegation of the inter-company social and economic committee during the periods provided for in articles L. 2411-10 and L. 2411-10-1.
When the contract is concluded on the basis of 3° of article L. 1242-2, the employee benefits from protection when the employer intends either to terminate the employment contract before expiry of the term, or not to renew it in breach of a renewal clause provided for in the employment contract, or by company agreement or branch agreement mentioned in article L. 1244-2-2. The protection periods are extended by a period equal to the usual period of interruption of the employee’s activity.