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Title I: Cases, durations and periods of protection

Article L2411-1 of the French Labour Code

An employee with one of the following mandates benefits from the protection against dismissal provided for in this chapter, including during a safeguarding, receivership or compulsory liquidation procedure: 1° Délégué syndical ; 2° Membre élu à la délégation du personnel du comité social et économique ; 3° Représentant syndical au comité social et économique ; 4° Représentant de proximité ; 5° Membre de la délégation du personnel du comité social…

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Article L2411-2 of the French Labour Code

The trade union delegate, the member of the staff delegation of the social and economic committee and the local representative, instituted by agreement or collective labour agreement, also benefit from the protection against dismissal provided by this chapter.

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Article L2411-3 of the French Labour Code

Trade union delegates may only be dismissed with the authorisation of the Labour Inspector. This authorisation is also required for the dismissal of a former trade union delegate, during the twelve months following the date on which he ceased his duties, if he exercised these duties for at least one year. It is also required when the letter from the trade union notifying the employer of the trade union delegate’s…

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Article L2411-4 of the French Labour Code

The dismissal of an employee appointed under articles L. 2232-23-1 and L. 2232-26 may only take place with the authorisation of the Labour Inspector. Such authorisation is also required as soon as the employer becomes aware that the employee’s appointment is imminent. The same applies to the dismissal of a former employee with a mandate during the twelve months following the date on which his mandate ended. In this case,…

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Article L2411-5 of the French Labour Code

The dismissal of an elected member of the staff delegation of the Social and Economic Committee, whether full or alternate, or of a trade union representative on the Social and Economic Committee, may only take place after authorisation from the Labour Inspector. A former elected member of the social and economic committee staff delegation and a former trade union representative who has been appointed for two years and is not…

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Article L2411-6 of the French Labour Code

Authorisation to dismiss is required, for a period of six months, for an employee who has asked the employer to organise elections to the social and economic committee or to agree to organise these elections. This period runs from the date of dispatch to the employer of the registered letter by which a trade union organisation was the first to request or agree to elections being held. This protection applies…

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Article L2411-7 of the French Labour Code

Authorisation for dismissal is required for a period of six months for a candidate, in the first or second round, for the position of elected member of the staff delegation of the social and economic committee, from the date of publication of the candidatures. The six-month period runs from the date on which the application is sent to the employer by registered letter. This authorisation is also required when the…

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Article L2411-8 of the French Labour Code

Local representatives may only be dismissed with the authorisation of the labour inspector. This authorisation is also required during the six months following the expiry of the local representative’s term of office or the disappearance of the institution.

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Article L2411-9 of the French Labour Code

Authorisation for dismissal is required for a period of six months for a candidate for the position of local representative, from the date of submission of his/her application. This authorisation is also required when the employee can prove that the employer was aware of the imminence of his candidacy before the candidate was summoned to the interview prior to dismissal.

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Article L2411-10 of the French Labour Code

The dismissal of a member of the staff delegation of the inter-company social and economic committee may only take place with the authorisation of the labour inspector. This authorisation is also required during the six months following the expiry of the term of office as a member of the staff delegation of the inter-company social and economic committee or the disappearance of the institution.

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