Employment law

A dismissal must rest on real and serious grounds, follow the statutory procedure (invitation to a preliminary meeting, the meeting itself, a reasoned notification letter) and comply with the applicable time limits. An employment lawyer guides you through each step, drafts the letters and ensures compliance with collective agreement obligations to avoid proceedings before the employment tribunal.

A mutually agreed termination (rupture conventionnelle) is an agreement between employer and employee. It requires at least one meeting, the signing of an agreement setting out the terms (termination date, severance payment), a 15-day withdrawal period and approval by the DREETS (French regional labour authority). The severance payment may not be lower than the statutory dismissal indemnity.

Gather all the documents (contract, pay slips, correspondence, witness statements). Consult a lawyer, who will assess your chances of success and the potential compensation. Proceedings start with an attempt at conciliation. If it fails, the case is decided by the judgment panel. An appeal may be lodged within one month.

The employer must report the accident to the CPAM (French health insurance fund) within 48 hours, give the employee an accident form and maintain all or part of the salary in accordance with the collective agreement. The employer must also analyse the causes of the accident and put prevention measures in place. Failure to do so may give rise to civil and criminal liability.

The PSE (French redundancy protection plan) is mandatory for economic dismissals of 10 or more employees in companies with at least 50 employees. It involves consulting the works council (CSE), drawing up redeployment and support measures, and obtaining validation or approval from the DREETS. A lawyer secures the process and drafts the necessary documents.

Unfitness is established by the occupational physician following a medical examination. The employer must look for a redeployment position compatible with the medical restrictions, after consulting the works council (CSE). If no redeployment is possible or the employee refuses the positions offered, dismissal on grounds of unfitness may be pronounced, with a special indemnity.

Beyond the mandatory particulars (position, remuneration, working time, applicable collective agreement), certain strategic clauses deserve attention: a non-compete clause (with financial consideration), a mobility clause, a confidentiality clause, and the probation period and its renewal conditions. A lawyer drafts bespoke, legally valid clauses.