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.
No penalty imposed more than three years prior to the commencement of disciplinary proceedings may be invoked in support of a new penalty.
In the event of a dispute, the industrial tribunal will assess whether the procedure followed was in order and whether the acts of which the employee is accused are such as to justify a penalty. The employer provides the industrial tribunal with the information used to impose the sanction. On the basis of these elements and those provided by the employee in support of his allegations, the industrial tribunal forms…
The industrial tribunal can annul a sanction that is irregular in form, unjustified or disproportionate to the misconduct committed.
Where the sanction contested is dismissal, the provisions of this chapter do not apply. In this case, the industrial tribunal will apply the provisions relating to challenges to irregularities in dismissal set out in Chapter V of Title III of Book II.
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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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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