In France, the dismissal procedure is not fully governed by specific legal requirements that are designed to protect employees’ rights. To ensure a dismissal is seen as valid under French law, employers must follow each step in the procedure carefully.
Initially, informal meetings must held with the employee. These should be followed up with letters that specifically highlight performance issues and clearly request improvements within a defined time period. The contents of these meetings are similar to the Performance Improvement plans that we find in the UK.
The employee should ideally receive at least two of these letters before they are invited to a preliminary interview (entretien préalable).
To move to the formal dismissal stage, the employer must send a written invitation to this interview, at least five working days before it is scheduled to take place. The letter should be hand-delivered or sent by registered post, and must specify:
- The date, time, and location for the interview.
- The purpose of the interview, i.e. to discuss potential dismissal.
- That the employee may be assisted by a colleague of their choice, or an external advisor (conseiller du salarié).
Note: the employer may also be assisted by a colleague. It is advisable for them to take this option if the employee decides to be accompanied to the interview. It should also be noted that, unlike in the UK, the employer is not required to explain the reasons for potential dismissal in this invitation letter.
During the interview, the employer will present the grounds for potential dismissal, offering the employee an opportunity to respond.
The employer’s decision must then wait for at least two working days after the interview, with the sanction communicated to the employee by registered letter.
The French Labour Code dictates that this letter must include a clear and detailed explanation of the reason for dismissal. Vague or ambiguous explanations (such as “poor performance” with no further detail included) may lead to the dismissal being contested.
It is also important that the letter is sent by registered post, so there is a clear record of when the employee was notified. Failure to properly deliver the letter runs the risk of the dismissal being classed as invalid.
If the employee has at least eight months of uninterrupted service in the company, they are legally entitled to a statutory dismissal payment (indemnité de licenciement).
Such payment cannot be less than a quarter of a month’s salary per year of service up to 10 years, or a third of a month’s salary per year for 10 years or more. The company’s collective agreement may provide for a more generous amount, so this must be checked carefully. Any unused accrued paid leave, plus payment for the relevant notice period, must also be added.
The dismissal procedure becomes more complex if the employee is considered to be protected.
Protected employees include pregnant women, employees on work-related sick leave, and employee representatives.
For the latter, the employer must have received prior authorisation for the dismissal from the work inspector. The CSE must also be consulted if the company employs more than 50 staff. These measures are intended to ensure the potential dismissal is not related to the employee’s status as a representative, thus constituting ‘retaliation’ by the employer.
If you would like assistance with employee-related issues in your French company, we are very happy to help.
Please contact us with any questions, or to arrange your free initial consultation with our experienced and qualified team.