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Termination

Notice

Are employers required to give notice of termination?

Whether based on personal or economic grounds, French employers are required to give written and detailed notice of termination.

Redundancies

What are the rules that govern redundancy procedures?

Redundancy procedures are governed by the Labour Code. Staff representatives must be informed and consulted on the project of redundancy regardless of the number of job suppressions and contemplated terminations. The procedure then varies depending on the number of job suppressions. In any case, a redundancy cannot be implemented without a prior and serious search for redeployment positions within the group to which the employer belongs.

Are there particular rules for collective redundancies/mass layoffs?

There are particular provisions for:

  • redundancies of more than nine employees for companies of less than 50 employees; and
  • redundancies of more than nine employees for companies of at least 50 employees that require drafting a social plan.

Protections

What protections do employees have on dismissal?

Subject to the rules on discipline, employees have no particular protection against dismissal except if they are protected by law against termination. Under French labour law, employees are protected against a termination:

  • if they hold a mandate as a union representative or as a staff representative; or
  • in some specific situations (eg, during maternity leave or following an accident at work).

If a protection is granted because the employee holds a mandate, the termination of the protected employee requires the employer to first obtain authorisation from the labour administration. If the protection is granted because of a specific situation, the termination is virtually impossible.

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