Subsection 4: Compensation and penalties.

Any termination of an employment contract in breach of the provisions of Articles L. 1226-9 and L. 1226-18 is null and void.

Termination of the employment contract in the cases provided for in the second paragraph of article L. 1226-12 entitles the employee to compensation equal to the amount of the compensation in lieu of notice provided for in article L. 1234-5 as well as to a special redundancy payment which, in the absence of more favourable contractual provisions, is equal to double the compensation provided for in article L. 1234-9. However,…

Where a dismissal is made in disregard of the provisions relating to the reinstatement of the employee, as provided for inarticle L. 1226-8, the court hearing the case may propose that the employee be reinstated in the company, with his acquired benefits being maintained. The same applies in the event of dismissal decided in disregard of the provisions relating to the redeployment of an employee declared unfit for work, as…

The indemnities provided for in articles L. 1226-14 and L. 1226-15 are calculated on the basis of the average salary that the person concerned would have received over the last three months if he had continued to work in the position he held prior to the suspension of the employment contract caused by the accident at work or occupational disease. For the purposes of calculating these allowances, the notion of…

In the event of safeguard, receivership or compulsory liquidation proceedings, the provisions relating to employee claims mentioned in Articles L. 3253-15, L. 3253-19 to L. 3253-21 are applicable to the payment of the indemnities provided for in Articles L. 1226-14 and L. 1226-15.