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Procedure for dismissal on personal grounds
Verified 24 May 2023 - Directorate for Legal and Administrative Information (Prime Minister)
Where the employer is considering to dismiss an employee for personal reasons, he must summon him to a pre-maintenance and send him a termination letter.
The employee can he get assistance? during the interview? What a delay must respect the employer before sending the termination letter? The employer can he explain the reasons for the dismissal? after the letter was sent? The notice is it still mandatory?
We're doing an update on the regulations.
What applies to you ?
The procedure varies depending on the pattern of dismissal (non-disciplinary or disciplinary).
Non-disciplinary ground
Step-by-step approach
The content of the pre-interview summons varies depending on whether or not staff representatives are present in the company.
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The company has no staff representatives
An employer who intends to dismiss an employee for personal motive must summon him to a pre-interview.
This notice shall be given by registered letter with AR: titleContent or by hand delivered letter against dump.
The letter shall contain the following information:
- Purpose of the interview between the employee and the employer (or a member of the company's staff entitled to hire or dismiss employees)
- Date, time and location of the interview (workplace or company headquarters)
The notice must also indicate that the employee may be assisted during the interview:
- either by another employee belonging to the company,
- either by an external advisor called employee's advisor.
The letter specifies the contact details of the local council and the labor inspectorate responsible for the company where the employee can find the list of the employee's advisors.
Please note
the address of the town hall is that of the employee's domicile if he resides in the same department as that where the company is located, otherwise it is that of the town hall of the workplace.
A sample letter is available:
Appointment to a pre-dismissal interview on personal grounds
The company has staff representatives
An employer who intends to dismiss an employee for personal motive must summon him to a pre-interview.
This notice shall be given by registered letter with AR: titleContent or by hand delivered letter against dump.
The letter shall contain the following information:
- Purpose of the interview between the employee and the employer (or a member of the company's staff entitled to hire or dismiss employees)
- Date, time and location of the interview (workplace or company headquarters)
The summons must also specify that he may be assisted during the interview by an employee belonging to the company (staff representative) or not).
A sample letter is available:
Appointment to a pre-dismissal interview on personal grounds
The employer must meet a deadline minimum of 5 working days between presentation of the letter recommended with AR: titleContent or his hand-delivery against dump and the date of the interview.
Day of the 1stre presentation or delivery of the letter to the employee and the day of the interview do not count within the 5 working days.
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 time limit ends one saturday, one sunday, one public holiday or unemployed person, it is extended to the next working day (for example, if the deadline ends on Monday 1er may, it ends on tuesday).
The employer (or his representative) receives the employee and any person who assists him. It shall explain the reasons for the envisaged decision to the Commission and seek its explanations.
Please note
the employee is not obliged to attend the interview. His absence cannot be blamed on him.
The employer may continue the dismissal procedure if the employee is absent on the day of the interview.
There are certain rules that must be followed.
Reason for dismissal
The letter must state the reason for dismissal.
A sample letter is available:
Non-disciplinary personal dismissal letter
Please note
the employer may inform the employee in the letter of dismissal that he may request details of the reason for dismissal.
It's not mandatory.
Letter of termination signed
She's obligatory signed by the employer or his representative.
Employee Address
The letter of dismissal is sent to the address of the employee is known of the employer.
The employer may notify dismissal from the employee by registered letter with AR: titleContent at least 2 working days after the date of the pre-interview.
There is no maximum legal time limit for sending the letter of dismissal for personal reasons.
Example :
If the pre-interview takes place on a Monday, the employer may notify the dismissal as of Thursday.
In the 15 days that follow the notification of dismissal, the reason stated in the letter may be specified at the initiative of the employer or at the request of the employee.
The employee must apply by registered letter with AR: titleContent or delivery against receipt.
The employer has a time limit of 15 days upon receipt of the employee's request for clarification, if desired. He communicates these details to the employee by LRAR or delivery against receipt.
The contract of employment shall not be terminated as soon as notification of dismissal. In principle, the employee performs a notice.
It starts from 1re presentation of the registered letter.
The employee does not give notice if he is in one of the following situations:
- The employer waived in writing his employee to execute his notice
- The employee was dismissed for incapacity
- Termination of the contract of employment is a case of force majeure
- The employee is unable to execute the notice (e.g. loss of driving license)
Disciplinary grounds
Step-by-step approach
Where an employee is guilty of misconduct, the employer may penalize the employee by initiating a disciplinary dismissal procedure.
The employer can to decide on a precautionary lay-off the time of the procedure. He must inform orally or in writing the employee of his provisional layoff.
The content of the pre-interview summons varies depending on whether or not staff representatives are present in the company.
Répondez aux questions successives et les réponses s’afficheront automatiquement
The company has no staff representatives
An employer who intends to dismiss an employee for personal motive must summon him to a pre-interview.
This notice shall be given by registered letter with AR: titleContent or by hand delivered letter against dump.
The letter shall contain the following information:
- Purpose of the interview between the employee and the employer (or a member of the company's staff entitled to hire or dismiss employees)
- Date, time and location of the interview (workplace or company headquarters)
The notice must also indicate that the employee may be assisted during the interview:
- either by another employee belonging to the company,
- either by an external advisor called employee's advisor.
The letter specifies the contact details of the local council and the labor inspectorate responsible for the company where the employee can find the list of the employee's advisors.
Please note
the address of the town hall is that of the employee's domicile if he resides in the same department as that where the company is located, otherwise it is that of the town hall of the workplace.
The company has staff representatives
An employer who intends to dismiss an employee for personal motive must summon him to a pre-interview.
This notice shall be given by registered letter with AR: titleContent or by hand delivered letter against dump.
The letter shall contain the following information:
- Purpose of the interview between the employee and the employer (or a member of the company's staff entitled to hire or dismiss employees)
- Date, time and location of the interview (workplace or company headquarters)
The summons must also specify that he may be assisted during the interview by an employee belonging to the company (staff representative) or not).
A sample letter is available:
Appointment to a pre-dismissal interview on personal grounds
The employer must meet a deadline minimum of 5 working days between presentation of the letter recommended with AR: titleContent or his hand-delivery against dump and the date of the interview.
Day of the 1stre presentation or delivery of the letter to the employee and the day of the interview do not count within the 5 working days.
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 time limit ends one saturday, one sunday, one public holiday or unemployed person, it is extended to the next working day (for example, if the deadline ends on Monday 1 May, it ends on Tuesday).
The employer (or his representative) receives the employee and any person who assists him. It shall explain the reasons for the envisaged decision to the Commission and seek its explanations.
Please note
the employee is not obliged to attend the interview. His absence cannot be blamed on him.
The employer may continue the dismissal procedure if the employee is absent on the day of the interview.
There are certain rules that must be followed.
Reason for dismissal
The letter must state the reason for dismissal.
A sample letter is available:
Dismissal letter for disciplinary reasons
Please note
the employer may inform the employee in the letter of dismissal that he may request details of the reason for dismissal.
It's not mandatory.
Letter of termination signed
She's obligatory signed by the employer or his representative.
Employee Address
The letter of dismissal is sent to the address of the employee is known of the employer.
Time to send
The employer may notify dismissal from the employee by registered letter with AR: titleContent at least 2 working days after the date of the pre-interview.
Example :
If the pre-interview takes place on a Monday, the employer may notify the dismissal as of Thursday.
The deadline for sending the letter of dismissal is Maximum 1 month after the date of the pre-interview.
In the 15 days that follow the notification of dismissal, the reason stated in the letter may be specified at the initiative of the employer or at the request of the employee.
The employee must apply by registered letter with AR: titleContent or delivery against receipt.
The employer has a time limit of 15 days upon receipt of the employee's request for clarification, if desired. He communicates these details to the employee by LRAR or delivery against receipt.
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Dismissal for simple fault
The contract of employment shall not be terminated as soon as notification of dismissal. In principle, the employee performs a notice.
The notice shall start from 1re presentation of the registered letter.
The employee does not give notice if he is in one of the following situations:
- The employee is unable to execute the notice (e.g. sick leave)
Dismissal for serious or serious misconduct
The employment contract shall end as soon as notification of dismissal for gross or serious misconduct.
The employee does not perform of notice.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
He does not respond questions relating to unemployment compensation and representations to France Labor (formerly Pôle emploi), the officials or contractual of the fpublic service, the amount or payment of contributions social, wage or management.
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The informants who answer you belong to the ministry responsible for labor.
Employee summons
Pre-maintenance
Statement of reasons for the letter
Notification of dismissal
Starting point of notice (Article L1234-3)
Penalties for irregularities in dismissal
Request for clarification on the ground for dismissal
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