Title II: Authorisation procedures applicable to the termination or transfer of the contract

The request for authorisation to dismiss a trade union delegate, a mandated employee, a member of the staff delegation to the inter-company social and economic committee or an employee adviser is sent to the labour inspector responsible for the establishment under the conditions defined in article L. 2421-3. Where the trade union delegate also benefits from the protection provided for in sections 3 and 4 of chapter I of title…

When one or more of the employees mentioned in article L. 2421-1 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.

The interview prior to dismissal takes place before the application for authorisation to dismiss is submitted to the labour inspector.

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 delegate.

In the event of serious misconduct, the employer may lay off the person concerned immediately pending the decision of the Labour Inspector. If the trade union representative benefits from the protection provided for in article L. 2421-3, the social and economic committee must be consulted within ten days of the date of the lay-off. The application for authorisation to dismiss shall be submitted no later than forty-eight hours following the…

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.