French labor law, dismissal procedures, economic dismissal, personal reasons dismissal, employment contract, labor code, judicial safeguard, restructuring, liquidation, trade union delegate, social and economic committee
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Abstract
This document summarizes the history and current state of dismissal law in France, covering types of dismissal, procedures, and relevant legislation.
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[...] The dismissal procedure differs otherwise depending on whether it is individual or collective. The individual procedure involves a prior interview, mandatory reclassification (established jurisprudentially in the first time)74, then legally75 and finally constitutionally76) tempered by the ordinances of 201777, a notice of dismissal and a priority of re-employment foreseen by article L.1233-45 of the labor code. The collective procedure involves the establishment of a list of redundancies78, it then differs according to the size of the company but generally involves the same steps: consultation of employee representatives or the Social and Economic Committee prior interview invitation, sending a dismissal letter and notification to the administration79. [...]
[...] In the case of dismissal for personal reasons, it must be motivated by a cause. real and serious, according to the article L1232-1 you Code you work. The laws Auroux from 1982 go on to modify the procedures for dismissal for personal reasons and consecrate for the first time, prohibition of dismissal for motives discriminatory employee can be sanctioned or dismissed due to his opinions political, of his trade union activities or of his religious convictions")57. The 1986 law reorganizes the procedures for dismissal for personal reasons, but concerns especially the dismissal economic. [...]
[...] Concerning the current procedure: the first step is the summons and hearing employee59, then the notification of dismissal, and finally the statement of the reasons for dismissal in the dismissal letter60. Articles L.1232-7 to L.1232-14 of the Labour Code also provide for the role of the employee's counsellor. Economic dismissal was introduced by the 1975 law, and has a different legal regime than dismissal for personal reasons. The dismissal economic is a "dismissal carried out by a employer for a or several non-personal motifs resulting from [ . [...]
[...] The obligation of reclassification has been provided since the law of 1975. The law of 27 January 1993 favors the reclassification of employees and makes it mandatory to consult the representatives of the personnel when implementing a plan of reclassification of employees and authorizes the labor inspector to note the lack of a plan social. The loi de modernisation sociale du 17 January 2002 strengthen the role of the administration of the work and of the representatives of the personnel and replaces the social plan by the plan of backup of employment (piece mistress of the procedure for the 65 Report of Council national of patronage French (CNPF) cited in D.Baugard, E. [...]
[...] 8 P.DURAND, Treatise de droit du travail I p.57. was to lead to the establishment of a society where each individual was free of undertaking, manufacturing and trade, therefore free in theory in the choice of its relations of work. Revolutionary and liberal thought was based on a desire to rid itself of any obstacle to human will, and it was on this objective that the Allarde law was established in 1791, which established freedom of work.9 It comes to compete in the suppression of the corporate system in order to favor the freedom of each one regarding work. [...]
