Subsection 2: Member of the staff delegation to the social and economic committee and local representative

The interview prior to dismissal takes place before the Social and Economic Committee is consulted in application of article L. 2421-3. If the opinion of the Social and Economic Committee is not required under the conditions defined in article L. 2431-3, this interview takes place before the application for authorisation to dismiss is submitted to the Labour Inspector. If there is no social and economic committee, this interview takes place…

The opinion of the Social and Economic Committee is expressed by secret ballot after hearing the interested party. When the employee is included in a collective redundancy for economic reasons of ten or more employees within the same thirty-day period, the deliberation of the Social and Economic Committee cannot take place: 1° Either before the second committee meeting provided for in article L. 1233-30; 2° Or before the committee meeting…

The request for authorisation to dismiss a member of the staff delegation on the social and economic committee or a local representative is sent to the labour inspector under the conditions defined in article L. 2421-3. It is accompanied by the minutes of the Social and Economic Committee meeting. Except in the case of a lay-off, the request is sent within fifteen days of the date on which the opinion…

The Labour Inspector will conduct an adversarial investigation during which the employee may, at his request, be assisted by a representative of his trade union. Notwithstanding the previous paragraph, when the employee is included in a redundancy for economic reasons and the request concerns at least twenty-five employees benefiting from the protection provided for in article L. 2411-1, the Labour Inspector will give the employee the opportunity to present his…

The Labour Inspector’s decision shall state the reasons on which it is based. It is notified by registered letter with acknowledgement of receipt: 1° To the employer; 2° To the employee; 3° To the trade union organisation concerned in the case of a trade union representative.

When one or more of the employees referred to in article L. 2421-3 is to be made redundant for economic reasons affecting ten or more employees within the same thirty-day period , the employer must attach to the application for authorisation to make the redundancies a copy of the notification of the proposed redundancies sent to the administrative authority in application of article L. 1233-46.

In the event of serious misconduct, the employer may lay off the employee immediately pending the decision of the labour inspector. The Social and Economic Committee shall be consulted within ten days of the date of the lay-off. The application for authorisation to dismiss shall be submitted within forty-eight hours of the Social and Economic Committee’s decision. If the opinion of the social and economic committee is not required under…

The request made pursuant to the third paragraph of article L. 2421-3 shall state the reasons for the proposed dismissal. It is sent by registered letter with acknowledgement of receipt. It shall give rise to the application of the provisions of articles R. 2421-11 to R. 2421-14.

The Labour Inspector and, in the event of an appeal through the hierarchy, the Minister shall examine in particular whether the proposed dismissal is related to the mandate held, applied for or previously exercised by the person concerned.