Any dismissal envisaged by the administrator, the employer or the liquidator, as the case may be, of the employees’ representative mentioned in articles L. 621-4 and L. 641-1 must be submitted to the works council, which gives an opinion on the proposed redundancy.
The redundancy may only take place with the authorisation of the labour inspector responsible for the establishment. However, in the event of serious misconduct, the administrator, the employer or the liquidator, as the case may be, may order the immediate dismissal of the person concerned pending the final decision. In the event that dismissal is refused, the layoff is cancelled and its effects automatically terminated.
The protection instituted in favour of the employees’ representative for the performance of his duties set out in Article L. 625-2 ceases when all the sums paid to the judicial representative by the institutions mentioned in Article L. 143-11-4of the Labour Code, pursuant to the tenth paragraph of Article L. 143-11-7 of said Code, have been paid by the latter to the employees.
When the employee representative performs the functions of the social and economic committee, the protection ceases at the end of the last hearing or consultation provided for by the receivership proceedings.