The Labour Inspector will give an explicit decision on any request made by an employer to assess the compliance of all or part of the internal regulations with the provisions of Articles L. 1321-1 to L. 1321-3 and L. 1321-6 . The request mentioned in the first paragraph is not admissible if the administrative authority has already made an express decision in application of article L. 1322-2. The decision takes…
The labour inspector’s decision is substantiated. The employer is notified and the members of the social and economic committee are informed.
The Labour Inspector’s decision may be appealed to a higher authority, under conditions determined by regulation. The decision taken on this appeal is notified to the employer and communicated, for information, to the members of the social and economic committee.
When, on the occasion of an individual dispute, the industrial tribunal rules out the application of a provision contrary to articles L. 1321-1 to L. 1321-3 and L. 1321-6, a copy of the judgment is sent to the labour inspector and to the members of the social and economic committee.
Any measure, other than verbal comments, taken by the employer as a result of an action taken by the employee which the employer considers to be at fault, whether or not this measure is likely to have an immediate effect on the employee’s presence in the company, his position, his career or his remuneration, constitutes a sanction.
Fines or other financial penalties are prohibited. Any provision or stipulation to the contrary is deemed unwritten.
No penalty may be imposed on an employee without the latter being informed, at the same time and in writing, of the grievances against him.
When the employer is considering imposing a penalty, he will summon the employee and specify the purpose of the summons, unless the penalty being considered is a warning or a penalty of the same nature that has no impact, whether immediate or otherwise, on the employee’s presence in the company, position, career or remuneration. During the hearing, the employee may be assisted by a company employee of his or her…
When the acts of which the employee is accused have made it essential to take a precautionary measure of immediate dismissal, no definitive sanction relating to these acts may be taken unless the procedure provided for in Article L. 1332-2 has been followed.
No act of misconduct may in itself give rise to disciplinary proceedings after a period of two months from the date on which the employer became aware of it, unless the act in question gave rise to criminal proceedings within the same period.
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is a Registered Trademark of
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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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