Economic redundancy: pre-maintenance
Verified 17 March 2023 - Directorate for Legal and Administrative Information (Prime Minister)
Where the employer intends to dismiss an employee for economic reasons, he must, in principle, call the employee for a prior interview.
Is maintenance prior to a dismissal compulsory? Is there a delay between the summons and the pre-interview? Can the employee and the employer be assisted in this interview? Is the employee required to attend this interview?
We are taking stock of the regulations.
The employer's obligations vary according to number of redundant employees on a same 30-day period.
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Fewer than 10 employees made redundant
Yes, the employer must summon the employee to a pre-interview.
At least 10 redundant employees
The procedure varies depending on the existence or otherwise of Social and Economic Committee (ESC) in the company.
Company with an ESC
No, the employer does not have to summon employees to a pre-interview.
Company without CSE
Yes, the employer must summon the employee to a pre-interview.
The summons shall be made by registered letter or by hand delivered letter against dump.
A minimum delay of 5 working days must be respected between presentation or hand-over against dump the letter of invitation and the date of the interview.
The 1re presentation or the day of delivery of the letter to the employee and the day of the interview do not count within the 5 working days.
If the deadline expires on a Saturday, Sunday, public holiday or unemployed person, it shall be extended to the following working day.
Example :
An employee works from Monday to Friday and has his weekly rest on Sunday. There are no public holidays in the week.
If the 1re presentation of the letter shall take place on tuesday, the interview may take place at the earliest on Tuesday of the following week. Since Saturday is a working day, it counts within the 5-day period.
If the 1re presentation of the letter shall take place on Monday, the interview may take place at the earliest on Tuesday of the following week. The deadline expires on a Saturday and is extended to the next working day.
The mandatory particulars of the letter vary according to whether or not staff representatives are present in the company.
Company without staff representative
The letter of invitation shall state the following:
- Purpose of the interview between the employee and the employer (or any person belonging to the company with delegation of authority)
- Date, time and location of the interview (workplace or company headquarters)
- Possibility for the employee to benefit from assistance during the interview either by another employee belonging to the company or by an outside advisor called employee's advisor.The employee's advisor
The letter specifies the coordinates of the city hall and the labor inspectorate where the employee can find the list of advisers.
The address of the town hall is that of the employee's domicile (if he resides in the same department as the establishment), otherwise that of the town hall of the workplace.
Company with staff representative
The letter of invitation shall state the following:
- Purpose of the interview between the employee and the employer (or any person belonging to the company with delegation of authority)
- Date, time and location of the interview (workplace or company headquarters)
- Possibility for the employee to receive assistance during the interview either by another employee belonging to the company or by a company personnel representative.
No, the employee cannot be represented at the pre-interview.
In principle, it is the employer who must be the employee's interlocutor during the interview. He may, however, be represented by a member of the company's staff who is entitled to hire or dismiss employees.
He doesn't can't to be represented by a lawyer.
The employee may be assisted during the interview:
- By a company employee, in the presence of staff representative in the company
- By a employee's advisor or another employee belonging to the company, if there is no employee representative in the company
Yes, the employer or his representative may be assisted by a person belonging to the company's staff.
No, the employee is not obliged to attend the pre-interview.
His absence from this interview is not a fault or grounds for dismissal.
This absence shall not prevent the continuation of the dismissal procedure.
No, the employee does not have an obligation to inform his employer of his absence.
The interview varies according to the number of employees in the company:
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Less than 1000 employees
During the interview, the employer informs the employee the reason(s) for the proposed decision and its explanation.
The employee must be informed of the conditions for obtaining a professional security contract (CSP).
1000 or more employees
During the interview, the employer informs the employee the reason(s) for the proposed decision and its explanation.
The employee must be informed of the conditions for obtaining a reclassification leave.
Company in receivership or liquidation
During the interview, the employer informs the employee the reason(s) for the proposed decision and its explanation.
The employee must be informed of the conditions for obtaining a professional security contract (CSP).
When the employer decides to dismiss the employee, he informs him by sending him a letter of dismissal.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
The informants who answer you belong to the ministry responsible for labor.
Cost: free service
Attention: the service does not respond questions relating to unemployment compensation and representations to Pôle emploi, civil servants or public service contractors, the amount or payment of social, wage or employer contributions.
The service is available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
Conditions, convocation and conduct of the interview
Absence of prior interview in companies with CSE in case of dismissal of 10 or more employees over 30 days
Proposal for the professional security contract
Reclassification leave information