Notice of dismissal

Verified 30 May 2023 - Legal and Administrative Information Directorate (Prime Minister)

When an employer dismisses an employee, the latter must normally give notice. However, there are exceptions.

What is a termination notice? Is notice required? What's his starting point? How long is it? Does the suspension of the contract postpone the notice? Can the employee be absent during the notice period to look for a new job?

We are taking stock of the regulations.

Notice of termination is a time limit that flows between the notification the termination of the contract of employment and the date of termination of the contract of employment.

The employee is entitled to notice of dismissal. However, in some cases, there is no notice.

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General case

Where the employee is entitled to notice of dismissal, he shall do so unless he is exempt from doing so or is unable to do so.

The employee gives notice

The employee continues to work and is paid normally.

The employee is exempted from giving notice

The employer may decide to exempt the employee from giving notice or the employee may request not to give notice.

The employer shall exempt the employee from giving notice

The employer may exempt the employee from notice. In this case, the employee cannot object. The employee must receive a compensatory period of notice, for the period of notice not completed.

Where the employee is exempted from giving notice, he or she may be hired by another company without waiting for the termination of the contract.

FYI  

the waiver of notice shall not affect the date on which the contract ends.

The employee asks not to give notice

The employee may ask not to give notice, but the employer is not obliged to accept. If the employer agrees, the employer is not obliged to pay the compensation for the notice period.

Where the employee is exempted from giving notice, he or she may be hired by another company without waiting for the termination of the contract.

FYI  

the waiver of notice shall not affect the date on which the contract ends.

The employee is unable to give notice

In some situations, the dismissed employee cannot make the notice. This is the case, for example, of an intervention technician who has been fired as a result of several speeding incidents and whose driver's license has been suspended.

Dismissal for serious misconduct or gross negligence

Where the dismissal is for gross or serious misconduct, the employee is not entitled to notice.

Economic dismissal with acceptance by the employee of the professional security contract (CSP)

If the employee agrees to benefit from the professional security contract (CSP), his employment contract shall be terminated by mutual agreement at the date of the end of the reflection period. There's no notice.

Dismissal for incapacity

The date of termination of the contract shall be the date of notification dismissal for incapacity. There's no notice.

Force majeure

There is no notice if the breach of contract is due to a case of force majeure.

The notice shall begin on the day of the firstre presentation of the registered letter notifier dismissal (even if the employee has not recovered the mail).

The length of the notice period depends on the employee's status and/or seniority. Special rules apply for certain categories of employees or are dependent on their usual place of work.

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General case

The period of notice varies according to the seniority of the employee and the classification any collective agreement applicable in the company.

Less than 6 months

The period of notice shall be fixed by treaty provisions or by practice.

Between 6 months and 2 years

The period of notice shall be 1 month.

Of treaty provisions, the contract of employment or practice may provide for more favorable arrangements for the employee.

At least 2 years

The period of notice shall be 2 months.

Of treaty provisions, the contract of employment or practice may provide for more favorable arrangements for the employee.

Disabled worker

The period of notice of dismissal of a disabled worker shall be twice the period laid down for other employees, up to 3 months.

VRP

The duration of the notice of dismissal may not be less than:

  • 1 month in 1re year of presence in the company,
  • 2 months during the 2e year,
  • Three months later.

Journalist

In newspaper and periodical companies, notice of dismissal shall be given for:

  • 1 month for up to 2 years of service,
  • 2 months for more than 2 years.

Moselle, Haut-Rhin and Bas-Rhin departments

Employees working in the departments of Moselle, Haut-Rhin and Bas-Rhin are subject to special provisions concerning the duration of the notice period.

The employee shall be entitled to advance notice:

  • One day when his remuneration is fixed per day
  • Of a week when his remuneration is fixed per week
  • 15 days when his remuneration is fixed per month
  • 6 weeks when his remuneration is fixed by quarter or by longer period

The following persons are entitled to 6 weeks' notice:

  • Teachers and individuals employed by individuals
  • Commercial clerks
  • Employees with fixed remuneration, permanently responsible for the direction or supervision of an activity, or part thereof
  • Fixed-wage employees entrusted with technical services requiring a certain qualification

Please note

These provisions shall apply in the absence of legal provisions, conventional orpractice providing for a longer period of notice.

A simulator can determine the length of your notice based on your collective agreement:

Estimate the length of the notice of termination based on your collective agreement

No, in principle, the notice of dismissal runs from date to date without interruption, nor suspension. In some situations, there are exceptions that can suspend the notice period.

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General case

Notice of termination is a prefixed period, i.e. it runs from date to date, without interruption or suspension.

Paid Leave

Date of leave fixed before notification of dismissal

Paid leave that occurs during the notice period and that was requested from the employer prior to notification of dismissal shall suspend the notice. As a result, the notice period is extended by the same length as the leave period.

Please note

the notice may also be suspended or postponed in the event of mutual agreement between the employer and the employee or if treaty provisions provide for it.

Holiday dates fixed after notification of dismissal

Paid leave that occurs during notice and that has been requested from the employer after notification of the dismissal do not suspend the notice. Consequently, the period of notice is not extended by the same length as the period of leave.

Please note

the notice may also be suspended or postponed in the event of mutual agreement between the employer and the employee or if treaty provisions provide for it.

Dismissal notified during holidays with pay

In this case, the notice will not begin until after the paid leave.

Please note

the notice may also be suspended or postponed in the event of mutual agreement between the employer and the employee or if treaty provisions provide for it.

Accident at work occupational disease or

Accident at work The stoppage of work due to an occupational disease or illness occurring during the period of notice shall suspend its progress. Consequently, the period of notice shall be extended by the same period as the period of the stoppage of work.

The employer must allow the dismissed employee to be absent from work during the notice period in order to seek a new job if the collective agreement or practice so provides.

A simulator makes it possible to determine the number of hours of absence allowed to search for a job during the notice of termination based on your collective agreement:

Know if you can take hours of authorized absence on notice to look for a job

Who can help me?

Find who can answer your questions in your region

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