Section 2: Prior interview.

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…

A decree in the Conseil d’Etat shall determine the terms and conditions for the application of this section.