DISMISSAL PROCEDURE
LexInter | July 27, 2018 | 0 Comments

DISMISSAL PROCEDURE

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DISMISSAL PROCEDURE DISMISSAL PROCEDURE DISMISSAL PROCEDURE

Article L122-14

(Decree n ° 74-808 of September 19, 1974 Official Journal of September 29, 1974) (Law n ° 75-5 of January 3, 1975 art. 5 Official Journal of January 4, 1975) (Law n ° 86-797 of July 3, 1986 art. 4 I 3 ° Official Journal of July 4, 1986) (Law n ° 86-1320 of December 30, 1986 art. 1 I, II Official Journal of December 31, 1986) (Law n ° 89-549 of August 2, 1989 art. 30 Official Journal of August 8, 1989) (Law n ° 91-72 of January 18, 1991 art. 1, art. 2 Official Journal of January 20, 1991)

(Ordinance n ° 2004-602 of June 24, 2004 art 2 I Official Journal of June 26, 2004)

Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)

 

PROVISIONS OF THE NEW LABOR CODE  \ SECTION_2_EMPLOI_PREALABLE

The employer or his representative who plans to dismiss an employee must, before any decision, summon the person concerned by registered letter or by letter delivered by hand against discharge, indicating the purpose of the convocation. The preliminary interview cannot take place less than five working days after the presentation of the registered letter or the personal delivery of the convocation letter.

During the interview, the employer is required to state the reasons for the envisaged decision and to obtain explanations from the employee.

PROVISIONS OF THE NEW LABOR CODE EMPLOYEE ADVISOR

During this hearing, the employee may be assisted by a person of his choice belonging to the personnel of the company. When there are no representative institutions of the personnel in the company, the employee can be assisted by an adviser of his choice, registered on a list drawn up by the representative of the State in the department after consultation of the representative organizations referred to in article L. 136-1  under conditions fixed by decree. This list includes, in particular, the name, address, profession and eventual trade union membership of the advisers. It cannot include active labor advisers. Mention must be made of this option in the invitation letter provided for in the first paragraph of this article, which, in addition, specifies the address of the services where the list of advisers is made available to employees.
The provisions of the preceding paragraphs are not applicable in the event of dismissal for economic reasons of ten employees or more in the same period of thirty days when there is a works council or employee representatives in the company.

* Note – Maritime Labor Code art. 102-20: Provisions not applicable to contracts concluded for service on board vessels armed for small-scale fishing or coastal fishing. *

Article R 122-2-1    * Note – Maritime Labor Code art. 102-20: Provisions not applicable to contracts concluded for service on board vessels armed for small-scale fishing or coastal fishing. *

MAINTENANCE_PREALABLE_AT_FIRING

NOTICE TO THE PRELIMINARY INTERVIEW

Obligation to mention in the letter of dismissal of the possibility provided for by article L 122-14 Cass. Soc. February 6, 2001

The employee cannot waive_the_delai_institue_entre_la_convocation_et_l’vue_prealable

loss of employer’s confidence can never as such constitute a cause for dismissal even when it is based on objective factors; that only these objective elements can, if necessary, constitute a cause of dismissal, but not the loss of confidence which could result from it for the employer;

Cass. Soc. May 29, 2001

the fact that an employee brings to the attention of the labor inspector facts concerning the company and appearing to him abnormal, whether or not they are susceptible to criminal qualification, does not in itself constitute a fault;

That by ruling as it did, by leaving uncertain the question of whether the accusations made by the employee were false or not, and, if so, without investigating whether the employee had acted lightly or in bad faith, the court of appeal deprived its decision of legal basis;

Cass. Soc. March 14, 2000.

procedure_of_disposal_and_powers_of_personnel_director of the holding company

PREVIOUS MAINTENANCE SHEET

 

 

Article L122-14-1

PROVISIONS OF THE NEW LABOR CODE SECTION_3_NOTIFICATION_DU_LICENCIEMENT.

(Law n ° 73-680 of July 13, 1973 art. 3 Official Journal of July 18, 1973) (Law n ° 75-5 of January 3, 1975 art. 6 Official Journal of January 4, 1975) (Law n ° 86-797 of July 3, 1986 art. 4 I 4 ° Official Journal of July 4, 1986) (Law n ° 86-797 of July 3, 1986 art. 1 Official Journal of July 4, 1986 in force on January 1, 1987) (Law n ° 86-1320 of December 30, 1986 art. 2 I, II Official Journal of December 31, 1986 in force on January 1, 1987) (Law n ° 89-549 of August 2, 1989 art. 15 Official Journal of August 8, 1989) (Law n ° 91- 72 of January 18, 1991 art. 1, art. 3 Official Journal of January 20, 1991) (Law n ° 94-475 of June 10, 1994 art. 96 I Official Journal of June 11, 1994) (Law n ° 94-679 of 8 August 1994 art. 34 Official Journal of August 10, 1994) (Law n ° 95-116 of February 4, 1995 art.72 Official Journal of February 5, 1995)

Ordinance No. 2004-602 of June 24, 2004 art 2 II, art. 13 I Official Journal of June 26, 2004)

The employer who decides to dismiss an employee must notify the dismissal by registered letter with acknowledgment of receipt; the date of presentation of the registered letter fixes the starting point of the notice period .    This letter cannot be sent less than two working days after the date for which the employee was convened in application of the provisions of article L. 122-14.    However, if the employee is dismissed individually for an economic reason

or if it is included in a collective redundancy of an economic nature concerning less than ten employees in the same period of thirty days, the letter provided for in the first paragraph of this article cannot be sent to it less than seven working days from the date for which the employee was convened in application of article L. 122-14. This period is fifteen working days in the event of individual dismissal of a member of the management staff as defined in the third paragraph of Article L. 513-1.
The provisions of the preceding paragraph are not applicable in the event of judicial reorganization or liquidation.

In the event of collective dismissal for economic reasons involving at least ten employees in the same period of thirty days, the letter provided for in the first paragraph of this article cannot be sent before the expiry of the period provided for in article L. 321-6. .
* Note – Maritime Labor Code art. 102-20: Provisions not applicable to contracts concluded for service on board vessels armed for small-scale fishing or coastal fishing. *

WRITTEN NOTIFICATION OF DISMISSAL AND INDICATION OF REASONS FOR DISMISSAL

REASONS FOR DISMISSAL

 

Article L122-14-2

(Decree n ° 74-808 of September 19, 1974 art. 4 Official Journal of September 29, 1974) (Law n ° 86-1320 of December 30, 1986 art. 3 Official Journal of December 31, 1986) (Law n ° 89-549 of August 2, 1989 art. 31, art. 32, art. 33 II Official Journal of August 8, 1989) (Law n ° 91-72 of January 18, 1991 art. 1 Official Journal of January 20, 1991)

PROVISIONS OF THE NEW LABOR CODE SECTION_3_NOTIFICATION_DU_LICENCIEMENT.

The employer is required to state the reason (s) for dismissal in the dismissal letter mentioned in article L. 122-14-1.

When the dismissal is pronounced for an economic reason, the letter of dismissal must state the economic reasons or technological change invoked by the employer. In addition, the employer is required, at the employee’s written request, to inform him in writing of the criteria adopted in application of article L. 321-1-1.
When the dismissal is pronounced for an economic reason, mention must be made in the dismissal letter of the rehiring priority provided for by article L. 321-14 and of its conditions of implementation.

* Note – Maritime Labor Code art. 102-20: Provisions not applicable to contracts concluded for service on board vessels armed for small-scale fishing or coastal fishing.
Law 89-549 of August 2, 1989 art. 36: date of application of the provisions of this law. *

Judicial resolution its use is increasingly limited, or even non-existent for the employer, Cass. Soc., March 13, 2001, Haller, Marie-Christine, Social case-law Lamy, n ° 79, 10/05/2001, pp 17-18,

Conditions of termination of the employment contract of a pregnant employee in a company in difficulty; note under Cass. Soc., October 24, 2000, Lavallart, ex officio against Madame Lavaine, wife Ussel and others, Puigelier, Catherine, JCP E Semaine Juridique (corporate edition), n ° 26, 06/28/2001, pp 1100-1102

 

 

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