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Dismissal: what is an employee advisor?

Verified 01 April 2021 - Legal and Administrative Information Directorate (Prime Minister)

The employee called to a prior maintenance upon termination shall have the right to be assisted by another employee.

If there is no staff representative in the company, he can be assisted by an outside advisor called employee advisor.

During the pre-termination interview, the employee's advisor may:

  • Intervene
  • Ask the employer for explanations
  • Complete Employee Explanations
  • Provide comments

Its role is strictly limited to assistance and advice.

The employee's advisor is required to:

  • Professional secrecy for all matters relating to company manufacturing processes
  • Obligation of discretion for all confidential information defined by the employer

The employee chooses his or her advisor from a list drawn up by the departmental management responsible for employment, labour and solidarity (DDETS or DDETS-PP, ex-Direccte).

This list can be consulted at the Labour Inspectorate and in each town hall. It includes the names, addresses, occupations and possible membership of the councillors.

Who shall I contact

The employee shall inform the Member that he has chosen the date, time and place of the interview.

He informs his employer of his choice. The employer cannot oppose it.

The employee’s chosen adviser informs him of his participation or of his inability to attend the interview. In the latter case, the employee must call another counsellor or ask his employer to postpone the maintenance.

The employee's advisor is guaranteed to fulfil his mission:

  • Maintenance of pay during working hours to carry out its mission
  • Special protection against dismissal
  • Leave to train at mission
  • Credit of up to 15 hours per month for the exercise of his mission (if he works in a company of at least 11 employees)
  • Reimbursement of travel and subsistence expenses (e.g. hotel)
  • Annual lump sum if he performs at least 4 interventions over the year