Dismissal for personal reasons void, without real and serious cause or irregularity
Verified 18 January 2022 - Directorate for Legal and Administrative Information (Prime Minister)
Where a judge challenges a dismissal on personal grounds, the consequences of his decision vary depending on whether the dismissal was declared void, without any real and serious cause or irregularity.
Dismissal is loose where the judge annuls the dismissal.
Dismissal is without real and serious cause (unjustified) where the reason for the dismissal is not recognized as valid by the judge.
Dismissal is irregular where the dismissal procedure has not been followed.
Null
Dismissal for personal reasons is loose where the judge declares the dismissal void (dismissal annulled).
Cases of nullity provided for by law include dismissals in one of the following situations:
- Due to a discrimination
- In violation of a fundamental freedom (freedom of expression, freedom of association, religious freedom, right of withdrawal of the employee)
- In connection with the performance of the duties of juror or citizen assessor
- Refusal of a geographical transfer to a State criminalizing homosexuality on grounds of sexual orientation
- For having recounted or testified, in good faith, facts constituting a offense or a crime of which he would have had knowledge in the course of his duties
- Against an employee whistleblower
- Because of a legal action in relation to discrimination
- Because of a legal action on gender equality
- Against victims or witnesses of harassment moral or sexual (except in bad faith of the employee)
- Without respecting maternity or paternity protection
- Accident at work Without respecting the protection related to the
- Without respecting the protection granted to certain employees (member of the ESC: titleContent for example)
- Infringement of the right to strike
- Against an employee who has testified (or reported) to ill-treatment or deprivation of a person accommodated in social and medico-social institutions or services
- Without respecting the protection related to the death of the child under 25
- Without respecting the protection of the death of an actual and permanent dependent under the age of 25
The employee may apply for reinstatement in his or her employment or in an equivalent job.
The employer may oppose reintegration only if it is impossible (for example: the employee has claimed his pension rights or the company's cessation of activity).
Please note
an employee who applies for recognition of a dismissal which is void may not be reinstated if he has applied for judicial termination.
Employee reinstated in the company
If the employee is reinstated in the company, he is entitled to compensation.
This allowance shall be equal to the maximum of the wages he has been deprived of in the period between the termination of the contract and his reintegration.
The period between the termination of the contract and its reintegration entitles the holder to paid leave.
Refusal of reintegration by employee
If the employee refuses to be reinstated (or is unable to do so), he or she shall be entitled to the following allowances:
- Termination benefits (severance pay, notice compensatory payments and of paid leave), if it fulfills the conditions for entitlement
- Compensation payable by the employer
This allowance may not be less than the salaries of the last 6 months for dismissals declared void in the following cases:
- Due to a discrimination
- In violation of a fundamental freedom (freedom of expression, freedom of association, religious freedom, right of withdrawal of the employee)
- Because of a legal action on gender equality
- Against victims or witnesses of harassment moral or sexual (except in bad faith of the employee)
- Without respecting maternity or paternity protection
- Accident at work Without respecting the protection related to the
- Dismissal of a protected employee (member of the ESC: titleContent for example) in relation to its mandate
- Infringement of the right to strike
Unjustified
Dismissal for personal reasons is unjustified (or without real and serious cause) where the pattern the dismissal is not recognized as valid by the judge.
Reintegration into the company is possible, on a proposal from the judge.
Employee reinstated in the company
The reinstated employee retains the benefits acquired before his dismissal.
Refusal of reintegration by employee or employer
If the employee or employer refuses to be reinstated, the judge shall award the employee an allowance payable by the employer.
The amount of compensation varies according to the employee's seniority and the number of employees in the company.
A simulator is used to estimate the amount of compensation that can be determined by the judge:
Calculate compensation for wrongful dismissal
Please note
in determining the amount of the indemnity, the judge may take into account the severance pay paid on the occasion of the break-up, except for statutory severance pay. If the dismissal is declared unjustified and irregular, only the compensation for unjustified dismissal shall be paid.
Irregular
Dismissal on personal grounds is irregular where the procedure has not been followed. However, that failure is not sufficient to annul the dismissal.
The dismissal recognized as irregular by the judge does not cancel the dismissal.
It does not prevent the pattern the reason for the dismissal is valid. The dismissal may then be irregular and have a real and serious cause (i.e. be justified).
The law does not provide for the possibility of reinstating the employee in the event of a mere irregularity in the procedure for dismissal on personal grounds.
Dismissal without real and serious cause
Where the dismissal is without real and serious cause, only compensation for wrongful dismissal shall be paid.
Other case
Where dismissal at a real and serious cause, the judge shall award the employee compensation.
The amount of this allowance (payable by the employer) may not exceed one 1 month salary.
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:
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- 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
- Labor Code: Articles L1132-1 to L1132-4Conditions (no dismissal)
- Labor Code: Articles L1235-1 to L1235-6Conditions, reintegration and compensation of employees
- Labor Code: Articles L1235-10 to L1235-17Penalty for irregularities
- Labor Code: Articles L1225-1 to L1225-6Maternity protection
- Labor Code: Articles L1226-13 to L1226-17Protection in connection with an accident at work or occupational disease
- Code of Social Action and Families: Articles L313-24 to L313-27Protection of testimonies of abuse
- Labor Code: Article L1134-4Dismissal linked to discrimination
- Labor Code: Article L1225-71Allowance non-compliance maternity protection
- Labor Code: Article L1144-3Legal action for equality between men and women
- Labor Code: Articles L1152-1 to L1152-6Psychological harassment
- Labor Code: Articles L1153-1 to L1153-6Sexual harassment
- Labor Code: Articles L2411-1 and L2411-2Protected Employees List
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