Article L1231-2 of the French Labour Code
November 8, 2023
The provisions of this Title do not derogate from legal provisions providing special protection for certain employees.
The provisions of this Title do not derogate from legal provisions providing special protection for certain employees.
The provisions of this Title are applicable where the employee is linked to several employers by employment contracts.
Neither the employer nor the employee may waive in advance the right to avail themselves of the rules provided for in this Title.
When an employee hired by a parent company has been placed at the disposal of a foreign subsidiary and an employment contract has been concluded with the latter, the parent company ensures his repatriation in the event of dismissal by the subsidiary and provides him with a new job compatible with the importance of his previous duties within the subsidiary. If the parent company nevertheless intends to dismiss this employee,…
A decree in the Conseil d’Etat shall determine the terms and conditions for the application of this chapter.
Notwithstanding articles L. 1111-2 and L. 1111-3, for the application of section 2 of chapter IV of this title, a decree in the Conseil d’Etat sets the conditions under which the number of employees and the rules for crossing workforce thresholds are determined.
Any dismissal for personal reasons shall be justified in accordance with the conditions defined in this chapter. It shall be justified by a real and serious reason.
If an employer is considering dismissing an employee, the employee must be invited to a preliminary interview before any decision is taken. The notice is sent by registered letter or by hand-delivered letter against receipt. The letter must state the purpose of the meeting. The preliminary interview may not take place less than five working days after presentation of the registered letter or hand-delivery of the letter convening the interview.
During the preliminary interview, the employer will state the reasons for the proposed decision and ask the employee for explanations.
During the hearing, the employee may be assisted by a person of his choice from among the company’s staff. Where there are no staff representative bodies in the company, the employee may be assisted either by a person of his choice from among the company’s staff, or by an employee adviser chosen from a list drawn up by the administrative authority. The letter of invitation to the preliminary interview sent…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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