In the event of serious misconduct, the employer may lay off the person concerned immediately pending the decision of the Labour Inspector.
If the trade union representative benefits from the protection provided for in article L. 2421-3, the social and economic committee must be consulted within ten days of the date of the lay-off. The application for authorisation to dismiss shall be submitted no later than forty-eight hours following the deliberation of the social and economic committee. If the opinion of the Social and Economic Committee is not required, this application shall be submitted within eight days of the date of the lay-off.
The lay-off measure is rendered ineffective if the dismissal is refused by the Labour Inspector or, in the event of a hierarchical appeal, by the Minister.