Termination of the fixed-term employment contract of an employee referred to in Article L. 2412-1 is subject to the same procedure as that provided for in Section 1, applicable in the event of dismissal.
For the application of the protection provided for in the last paragraph of articles L. 2412-2, L. 2412-3, L. 2412-4, L. 2412-5, L. 2412-8, L. 2412-9 and L. 2412-13, the expiry of a fixed-term employment contract does not result in its termination until the Labour Inspector, after having been informed in accordance with article L. 2412-1, has established that the employee is not the subject of a discriminatory measure. The…
For seasonal employees defined in 3° of article L. 1242-2 for whom, pursuant to an extended collective agreement or contract of employment, the employer is committed at the end of the contract to renewing the contract for the following season, article L. 2421-8 does not apply when the fixed-term contract comes to an end.
When the Labour Inspector receives a request for authorisation of a transfer, in application of article L. 2414-1, on the occasion of a partial transfer of an undertaking or establishment, he shall ensure that the employee is not the subject of a discriminatory measure. If authorisation for the transfer is refused, the employer shall offer the employee a similar job with equivalent remuneration in another establishment or another part of…
The interruption or notification of non-renewal by the temporary employment agency of the assignment of an employee referred to in Article L. 2413-1 is subject to the same procedure as that provided for in Section 1, applicable in the event of dismissal.
When the competent Minister annuls, on a hierarchical appeal, the decision of the Labour Inspector authorising the dismissal of an employee holding one of the mandates listed below, or when the administrative judge annuls the authorisation decision of the Labour Inspector or of the competent Minister, the employee concerned has the right, if he so requests within a period of two months from notification of the decision, to be reinstated…
The member of the staff delegation to the social and economic committee or the local representative or the member of the staff delegation to the inter-company social and economic committee whose decision to authorise redundancy has been annulled is reinstated in his position if the institution has not been renewed. Otherwise, for a period of six months from the date on which he is reinstated in the company, he shall…
The reinstatement of an employee representative on the supervisory board or board of directors of a public sector company in his job or an equivalent job entails reinstatement in his mandate, except in the event of a general renewal of the board on which he sat. His replacement ceases to be a member of this board.
When the annulment of an authorisation decision has become final, an employee holding one of the mandates referred to in Article L. 2422-1 is entitled to payment of compensation corresponding to the entire loss suffered during the period between his dismissal and his reinstatement, if he has requested this within two months of notification of the decision. If the employee has not requested reinstatement, the compensation will correspond to the…
Breaking the employment contract of a trade union delegate or former trade union delegate in disregard of the provisions relating to the administrative authorisation procedure provided for in this book is punishable by one year’s imprisonment and a fine of 3,750 euros. Any transfer of the employment contract of an employee referred to in the first paragraph who is included in a partial transfer of an undertaking or establishment, in…
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75001, Paris France
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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Paris Bar Registration n° (Toque) C2396
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