The termination of the fixed-term employment contract of an elected member of the staff delegation of the social and economic committee or of a trade union representative on the social and economic committee before the expiry of the term due to serious misconduct or unfitness certified by the occupational physician, or on expiry of the term when the employer does not intend to renew a contract containing a renewal clause, may only take place after authorisation from the labour inspector.
This procedure also applies to the former elected member of the staff delegation of the social and economic committee or to the candidate for the position of elected member of the staff delegation of the social and economic committee and to the former trade union representative on the social and economic committee during the periods provided for in articles L. 2411-5 and L. 2411-7.
When the contract is concluded on the basis of 3° of article L. 1242-2, the employee benefits from protection when the employer intends either to terminate the employment contract before expiry of the term, or not to renew it in breach of a renewal clause provided for in the employment contract, or by company agreement or branch agreement mentioned in article L. 1244-2-2. The protection periods are extended by a period equal to the usual period of interruption of the employee’s activity.