The provisions of this sub-section apply in the absence of legal, contractual or customary provisions providing for a longer period of notice. They also apply to the termination of a permanent employment contract at the initiative of the employee.
A decree of the Conseil d’Etat shall determine the application of articles L. 1234-1 to L. 1234-14.
On expiry of the employment contract, the employer issues the employee with a certificate, the content of which is determined by regulation.
The “solde de tout compte”, drawn up by the employer and receipted by the employee, lists the sums paid to the employee on termination of the employment contract. The receipt may be cancelled within six months of signature, after which time the employer is discharged of all liability for the sums mentioned therein.
In the event of a dispute, during the conciliation provided for in Article L. 1411-1, the employer and employee may agree, or the conciliation and guidance office may propose, to put an end to the dispute by means of an agreement. This agreement provides for the payment by the employer to the employee of a fixed indemnity, the amount of which is determined, without prejudice to statutory, contractual or conventional…
The reasons set out in the letter of dismissal provided for in articles L. 1232-6, L. 1233-16 and L. 1233-42 may, after notification thereof, be specified by the employer, either on its own initiative or at the request of the employee, within the time limits and under the conditions set by decree of the Conseil d’Etat. The letter of dismissal, specified where applicable by the employer, sets the limits of…
In the event of multiple grounds for dismissal, if one of the grievances alleged against the employee infringes a fundamental freedom, the nullity of the termination does not exempt the court from examining all of the grievances set out, in order to take them into account, where applicable, in its assessment of the compensation to be awarded to the employee, without prejudice to the provisions ofarticle L. 1235-3-1.
If an employee is dismissed for a reason that is not genuine and serious, the judge may propose that the employee be reinstated in the company, while retaining his or her acquired benefits. If either party refuses this reinstatement, the judge will award the employee compensation payable by the employer, the amount of which is between the minimum and maximum amounts set out in the table below. Employee’s length of…
Article L. 1235-3 does not apply if the court finds that the dismissal is vitiated by one of the nullities provided for in the second paragraph of this article. In this case, if the employee does not request continued performance of his employment contract or if his reinstatement is impossible, the court shall award him compensation, payable by the employer, which may not be less than the last six months’…
When the employment contract is terminated by the court to the detriment of the employer or at the request of the employee under the procedure referred to inArticle L. 1451-1, the amount of compensation awarded is determined in accordance with the rules set out inArticle L. 1235-3, except when this termination produces the effects of a dismissal that is null and void in the cases mentioned in 1° to 6°…
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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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