The dismissal envisaged by the employer of an elected member of the staff delegation to the Social and Economic Committee or of a trade union representative on the Social and Economic Committee or of a local representative is submitted to the Social and Economic Committee, which gives an opinion on the proposed dismissal under the conditions set out in Section 3 of Chapter II of Title I of Book III.
The opinion is deemed to have been obtained notwithstanding the acquisition of a new mandate subsequent to this consultation.
Where there is no social and economic committee in the establishment, the matter is referred directly to the Labour Inspector.
The application for authorisation to dismiss is sent to the labour inspector responsible for the establishment where the employee is employed. If the application for authorisation to dismiss is based on a personal ground, the establishment is understood to be the employee’s main place of work. If the request for authorisation for redundancy is based on economic grounds, the establishment is understood to be the establishment with a social and economic committee with the powers provided for in Section 3, Chapter II, Title I of Book III.
In the event of serious misconduct, the employer may lay off the employee concerned immediately pending the final decision.
If dismissal is refused, the lay-off is cancelled and its effects automatically terminated.