Dismissal (employment) in France

In French Labour Law a Dismissal is the breach of the employment contract by the employer. French Labour Law stipulates that an employment contract can be terminated by either of the parties. The 2008 reform of Labour Law introduced the possibility of a negotiated termination (voluntary termination of employment).

Types of Dismissal

In France the following types of dismissal are possible: Dismissal for economic reasons (redundancy) - the dismissed person may not be replaced. This type of dismissal can occur for the following reasons:

Serious economic difficulty
Technological change
Organisational change
Liquidation of the company.

Dismissal linked to the employee - an employee dismissed will be replaced by another employee. This covers the following areas:

Not being able to do your job properly
Due to serious differences with employer or colleagues
Misconduct.

Compensation

Statutory Compensation

Statutory compensation is the legally binding minimum and may be replaced by a higher amount agreed between the employer and the employee representatives under a collective agreement. Employees who have held a position for more than 12 months are entitled to compensation for redundancy & dismissal (except if they have been dismissed for Gross Misconduct).

The amount of compensation is one-fifth of the monthly salary (4.5 days), excluding one-time bonuses, per year of employment up to 10 years, ²⁄₁₅ per year thereafter. For example, a worker with a monthly salary of €1000 in his fifth year of employment would receive €200 compensation.

Collective Compensation

This replaces the statutory minimum if it exists. It is tax-free and no payroll tax applies.

Claim for unfair dismissal or redundancy

An employment tribunal can overturn a dismissal or redundancy. If you win your case, the tribunal can order the employer to do any of the following:

Pay compensation
Pay tribunal fees and witness expenses you've paid
Improve working conditions
give the employee their job back.

The amount of compensation can depend on the number of employees in the company and their length of service and salary.

Employees with special protection against dismissal and redundancy

The following employees are afforded special protection immediately prior to, during and after (up to 12 months) their mandate.

Employee representatives
Union representatives
Employees serving in employment tribunals or bankruptcy courts

Notes

Employment

Classifications	Casual Contingent Full-time Part-time Self-employed Skilled Independent contractor Temporary Tenure Unskilled Wage labour

Hiring	Application Background check Business networking Contract Cover letter Curriculum Vitae (CV) Drug testing e-recruitment Employment counsellor Executive search Induction programme Job fair Job fraud Job hunting Job interview Labour brokering Overqualification Onboarding Personality-Job Fit Theory Person-environment fit Probation Reference Résumé Simultaneous recruiting of new graduates Underemployment Work-at-home scheme

Roles	Co-op Employee Employer Internship Job Permanent Permatemp Supervisor Volunteer

Worker class	Blue-collar Gold-collar Green-collar Grey-collar Pink-collar White-collar

Career and training	Apprenticeship Avocation Career assessment Career counseling Career development Coaching Creative class Education Continuing education Continuing professional development E-learning Employability Further education Graduate school Induction training Initial Professional Development Knowledge worker Licensure Lifelong learning Practice-based professional learning Professional association Professional certification Professional development Professional school Reflective practice Retraining Vocational education Vocational school Vocational university Mentorship Occupational Outlook Handbook Practice firm Profession Tradesman Vocation

Attendance	Break Career break Furlough Gap year Leave of absence Long service leave No call, no show Sabbatical Sick leave Time clock

Schedules	Four-day week Eight-hour day Flextime Overtime Retroactive overtime Shift work Telecommuting Working time Workweek and weekend

Wages and salaries	Income bracket Income tax Living wage Maximum wage National average salary World Europe Minimum wage Canada Hong Kong Europe United States Progressive wage Singapore Overtime rate Paid time off Performance-related pay Salary Salary cap Working poor

Benefits	Annual leave Casual Friday Day care Disability insurance Health insurance Life insurance Parental leave Pension Sick leave Take-home vehicle

Safety and health	Epilepsy and employment Human factors and ergonomics Industrial noise Protective clothing Occupational burnout Occupational disease Occupational exposure limit Occupational health psychology Occupational injury Occupational stress Repetitive strain injury Sick building syndrome Work accident Occupational fatality Workers' compensation Workplace phobia Workplace wellness

Equality	Affirmative action Equal pay for women

Infractions	Corporate abuse Accounting scandals Corporate behaviour Corporate crime Control fraud Corporate scandals Discrimination Dress code Employee handbook Employee monitoring Evaluation Labour law Sexual harassment Sleeping while on duty Wage theft Whistleblower Workplace bullying Workplace harassment Workplace incivility

Willingness	Civil conscription Conscription Dead-end job Extreme careerism Job satisfaction Organisational commitment McJob Refusal of work Slavery Bonded labour Human trafficking Labour camp Penal labour Peonage Truck system Unfree labour Wage slavery Workaholic Work aversion Work ethic Work–life balance Downshifting Slow living

Termination	At-will employment Dismissal Banishment room Constructive dismissal Wrongful dismissal Employee exit management Exit interview Layoff Notice period Pink slip Resignation Letter of resignation Restructuring Retirement Mandatory retirement Retirement age Severance package Golden handshake Golden parachute Turnover

Unemployment	Barriers to Employment Depression Great Depression Long Depression Discouraged worker Frictional unemployment Full employment Graduate unemployment Involuntary unemployment Jobless recovery Phillips curve Recession Great Recession Great Recession job losses List of recessions Recession-proof job Reserve army of labour Types of unemployment Unemployment Convention Unemployment benefits Unemployment extension Unemployment insurance Unemployment rates Employment rates Employment-to-population ratio Structural unemployment Technological unemployment Wage curve Youth unemployment

See also templates Aspects of corporations Aspects of jobs Aspects of occupations Aspects of organizations Aspects of workplaces Corporate titles Organized labor

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