Article L1232-1 of the French Labour Code
November 8, 2023
Any dismissal for personal reasons shall be justified in accordance with the conditions defined in this chapter. It shall be justified by a real and serious reason.
Any dismissal for personal reasons shall be justified in accordance with the conditions defined in this chapter. It shall be justified by a real and serious reason.
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.
When an employer decides to dismiss an employee, it notifies the employee of its decision by registered letter with acknowledgement of receipt. This letter shall include a statement of the reason or reasons given by the employer. It may not be sent less than two working days after the scheduled date of the pre-dismissal interview to which the employee has been summoned. A decree of the Conseil d’Etat shall determine…
The employee adviser is responsible for assisting the employee during the interview prior to dismissal in companies without staff representative bodies. They are included on a list drawn up by the administrative authority after consultation with representative employers’ and employees’ organisations at national level, under conditions determined by decree. The list of councillors includes the name, address, profession and any trade union membership of the councillors. It may not include…
In establishments with at least eleven employees, the employer shall allow the employee appointed as employee adviser the time required to carry out his duties, up to a maximum of fifteen hours per month.
Time spent by the employee adviser away from the company during working hours in order to carry out his duties is treated as actual working time for the purposes of determining the duration of paid leave, entitlement to social insurance benefits and family benefits, as well as with regard to all the rights that the employee holds by virtue of his seniority in the company. These absences are remunerated by…
A decree sets out the compensation arrangements for employee advisers who work outside any establishment or for several employers.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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