The dismissal of an employee representative on the Board of Directors or Supervisory Board of a public sector company, a public limited company or a partnership limited by shares, envisaged by the employer, is submitted for the opinion of the Board of Directors or Supervisory Board of which he is a member.
The request for authorisation to dismiss shall be sent to the labour inspector responsible for the establishment in which the employee is employed, as defined in article L. 2421-3.
In the event of serious misconduct, the employer may lay off the employee immediately pending a final decision. In this case, the Board of Directors or Supervisory Board is convened without delay and gives its opinion on the proposed dismissal of the person concerned.
If the dismissal is refused by the Labour Inspector or the authority acting in his stead, the lay-off is cancelled and its effects are automatically terminated.