Key point: every case depends on its facts, supporting documents and applicable time limits. An individual assessment is needed before taking action.
Dismissal must be based on valid grounds
Dismissal on personal grounds must be based on facts attributable to the employee and follow a defined procedure. Whether the grounds are real and serious, the wording of the dismissal letter and compliance with procedural steps are essential points.
A disagreement with the employer does not automatically make a dismissal unfair. The stated reason must be compared with the facts, appraisals, earlier correspondence and the rules applicable within the company.
Keeping useful evidence
Keep the contract, amendments, payslips, appraisals, warnings, emails, meeting invitations and dismissal letter. Prepare a chronology from the first events through to termination. Documents should be obtained fairly and remain relevant to defending your rights.
Also check the applicable collective agreement, which may provide additional safeguards concerning the procedure or compensation.
Applying to the conseil de prud’hommes
The conseil de prud’hommes, the French employment tribunal, resolves individual disputes between employers and employees arising from employment contracts. Depending on the grounds for the challenge, an employee may ask for the dismissal to be declared void or without real and serious cause.
Time limits vary according to the type of claim. For a challenge to termination, the deadline is generally short. It is prudent to have the case assessed as soon as notice is given, without waiting for informal discussions to end.
Preparing a coherent strategy
The assessment covers procedural compliance, evidence supporting the grounds, length of service, pay and the losses claimed. Negotiation may sometimes be possible, but should be conducted with a precise understanding of the parties’ rights.
The firm assists employees and employers in disputes governed by French law in Nice, the Alpes-Maritimes and Aix-en-Provence.
Book a consultation
Are you facing a situation governed by French law? Mihaela Cengher Law Office can review the facts, available documents and suitable remedies. Contact the firm to arrange a consultation.