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Chapter I: Application for authorisation and examination of the application

Article L2421-1 of the French Labour Code

The request for authorisation to dismiss a trade union delegate, a mandated employee, an employee adviser or a member of the staff delegation on the inter-company social and economic committee is addressed to the labour inspector. In the event of serious misconduct, the employer may lay off the person concerned immediately pending the final decision. The Labour Inspector must be notified of the reasons for the decision within forty-eight hours…

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Article L2421-2 of the French Labour Code

The procedure provided for in this sub-section also applies to an employee who holds one of the following offices: 1° Member of the board or director of a social security fund mentioned in article L. 231-11 of the Social Security Code; 2° Member of the board of directors of a mutual insurance company, union or federation mentioned in article L. 114-24 of the Mutual Insurance Code; 3° Employee representative on…

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Article L2421-3 of the French Labour Code

The dismissal envisaged by the employer of an elected member of the staff delegation to the Social and Economic Committee or of a trade union representative on the Social and Economic Committee or of a local representative is submitted to the Social and Economic Committee, which gives an opinion on the proposed dismissal under the conditions set out in Section 3 of Chapter II of Title I of Book III….

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Article L2421-4 of the French Labour Code

The procedure provided for in this sub-section also applies to an employee holding one of the following mandates: 1° Member of the special negotiating body and member of the European Works Council ; 2° Member of the special negotiating body and representative on the European Company Works Council; 2° bis Member of the special negotiating body and representative on the committee of the European Cooperative Society; 2° ter Member of…

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Article L2421-5 of the French Labour Code

The dismissal of an employee representative on the Board of Directors or Supervisory Board of a public sector company, a public limited company or a partnership limited by shares, envisaged by the employer, is submitted for the opinion of the Board of Directors or Supervisory Board of which he is a member. The request for authorisation to dismiss shall be sent to the labour inspector responsible for the establishment in…

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Article L2421-6 of the French Labour Code

The procedure for authorising the dismissal of an employee elected or appointed as an employee representative in the context of a safeguarding, reorganisation or compulsory liquidation procedure is subject to the provisions of article L. 662-4 of the French Commercial Code.

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Article L2421-8 of the French Labour Code

For the application of the protection provided for in the last paragraph of articles L. 2412-2, L. 2412-3, L. 2412-4, L. 2412-5, L. 2412-8, L. 2412-9 and L. 2412-13, the expiry of a fixed-term employment contract does not result in its termination until the Labour Inspector, after having been informed in accordance with article L. 2412-1, has established that the employee is not the subject of a discriminatory measure. The…

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Article L2421-8-1 of the French Labour Code

For seasonal employees defined in 3° of article L. 1242-2 for whom, pursuant to an extended collective agreement or contract of employment, the employer is committed at the end of the contract to renewing the contract for the following season, article L. 2421-8 does not apply when the fixed-term contract comes to an end.

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Article L2421-9 of the French Labour Code

When the Labour Inspector receives a request for authorisation of a transfer, in application of article L. 2414-1, on the occasion of a partial transfer of an undertaking or establishment, he shall ensure that the employee is not the subject of a discriminatory measure. If authorisation for the transfer is refused, the employer shall offer the employee a similar job with equivalent remuneration in another establishment or another part of…

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