French Employment Law: Dismissing Employees in France
The foregoing is not intended to be exhaustive and for specific information relating to dismissing employees in France, please click here .
Whilst this list should not be held to be exhaustive, the following points might be of particular comparative interest to practitioners used to the quite different provisions of many Common Law systems.
Employment in France is not 'at will' and thus dismissals may only come about on demonstrably and limited objective grounds, which must be brought to the attention of the employee in writing.
Dismissals are subject to stringent, and often bureaucratic, procedural statutory constraints.
Redundancies, or lay-offs on economic grounds, are subject to separate and complex procedural and substantive constraints particularly in the case of multiple dismissals.
There are a number of French State Agencies which have a statutory right to be advised of, and in some cases to authorise, proposed dismissals by private sector employers.
It is extremely easy and at virtually no cost for an employee to start litigation against his (ex) employer before separate Labour Courts.
Labour Relations Courts (Conseils de Prud'hommes) are generally made up of lay judges who are elected from the ranks of employer/employee organisations.
It is rare that the plaintiff be other than an employee and just as rare that claims be dismissed with no award whatsoever being made against the employer.
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