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> GOVERNANCE - home > Employment protection legislation database - EPLex > France

France - Substantive requirements for dismissals


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Obligation to provide reasons to the employee: Yes
Remarks:
  • Motives must be provided by the employer during a prior oral interview: art L1232-3 LC.
    In addition, the reasons behind the dismissals should be exposed in the letter of notification of the dismissal: art. L1232-6 LC


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Individual dismissal: must be justified by a serious and genuine cause ("cause réelle et sérieuse"): art. L 1232-1 LC
    Dismissal for economic reasons: must be equally justified by a serious and genuine cause : art. L 1233-3 LC.


Prohibited grounds: marital status; pregnancy; maternity leave; temporary work injury or illness; race; colour; sex; sexual orientation; religion; political opinion; social origin; nationality/national origin; age; trade union membership and activities; disabilities; participation in a lawful strike; whistle blowing; gender identity; state of health; adoption leave; performing jury service; genetic information; ethnic origin
NOTE: This information has changed since the previous period covered.
Remarks:
  • Art. L 1132-1 LC: list of prohibited grounds of discrimination. [New in 2012: gender identity was introduced as a new prohibited ground by Law No 2012-954 of 6 August 2012]
    Art. L 1132-2 LC: lawful exercise of the right to strike.
    Art. L1132-3 LC: whistle blowing.
    Art. L1132-3-1 LC: performing jury service [New in 2011: new ground introduced by Law No 2011-939 of August 2011]
    Art. L 1225-4 LC: dismissal is prohibited during pregnancy, where this has been medically certified, during maternity leave (whether or not the worker uses the right to take the leave). Dismissal is nonetheless permitted in case of a serious fault of the worker unrelated to pregnancy, or when the employer is unable to maintain the contract of employment for reasons unconnected with pregnancy or confinement. The same protection against dismissal applies to a employee in adoption leave (see art. 1225-38 LC)


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave
Remarks:
  • *Workers' representatives:
    - Trade union representatives and other worker's representatives: art. L 2411-1 LC
    - Worker's adviser: art. 1232-14 LC
    * Pregnant women and women on maternity leave: art. L 1225-4 and L 1225-5 LC, employees on adoption leave: art 12225-38 LC
    Dismissal is prohibited during pregnancy, where this has been medically certified, during maternity leave (whether or not the worker uses the right to take the leave) and during the period of paid adoption leave, as well as during four weeks after the end of maternity and adoption leave. Dismissal is nonetheless permitted in case of a serious fault of the worker unrelated to pregnancy, or when the employer is unable to maintain the contract of employment for reasons unconnected with pregnancy, confinement or adoption. However, the dismissal or notice of dismissal may not take place during the periods of maternity and adoption leave.


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • Motives must be provided by the employer during a prior oral interview: art L1232-3 LC.
    In addition, the reasons behind the dismissals should be exposed in the letter of notification of the dismissal: art. L1232-6 LC


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Individual dismissal: must be justified by a serious and genuine cause ("cause réelle et sérieuse"): art. L 1232-1 LC
    Dismissal for economic reasons: must be equally justified by a serious and genuine cause : art. L 1233-3 LC.


Prohibited grounds: marital status; pregnancy; maternity leave; temporary work injury or illness; race; colour; sex; sexual orientation; religion; political opinion; social origin; nationality/national origin; age; trade union membership and activities; disabilities; participation in a lawful strike; whistle blowing; state of health; adoption leave; performing jury service; genetic information; ethnic origin
NOTE: This information has changed since the previous period covered.
Remarks:
  • Art. L 1132-1 LC: list of prohibited grounds of discrimination.
    Art. L 1132-2 LC: lawful exercise of the right to strike.
    Art. L1132-3 LC: whistle blowing.
    Art. L1132-3-1 LC: performing jury service [New in 2011: new ground introduced by Law No 2011-939 of August 2011]
    Art. L 1225-4 LC: dismissal is prohibited during pregnancy, where this has been medically certified, during maternity leave (whether or not the worker uses the right to take the leave). Dismissal is nonetheless permitted in case of a serious fault of the worker unrelated to pregnancy, or when the employer is unable to maintain the contract of employment for reasons unconnected with pregnancy or confinement. The same protection against dismissal applies to a employee in adoption leave (see art. 1225-38 LC)


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave
Remarks:
  • *Workers' representatives:
    - Trade union representatives and other worker's representatives: art. L 2411-1 LC
    - Worker's adviser: art. 1232-14 LC
    * Pregnant women and women on maternity leave: art. L 1225-4 and L 1225-5 LC, employees on adoption leave: art 1225-38 LC
    Dismissal is prohibited during pregnancy, where this has been medically certified, during maternity leave (whether or not the worker uses the right to take the leave) and during the period of paid adoption leave, as well as during four weeks after the end of maternity and adoption leave. Dismissal is nonetheless permitted in case of a serious fault of the worker unrelated to pregnancy, or when the employer is unable to maintain the contract of employment for reasons unconnected with pregnancy, confinement or adoption. However, the dismissal or notice of dismissal may not take place during the periods of maternity and adoption leave.


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • Motives must be provided by the employer during a prior oral interview: art L1232-3 LC.
    In addition, the reasons behind the dismissals should be exposed in the letter of notification of the dismissal: art. L1232-6 LC


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Individual dismissal: must be justified by a serious and genuine cause ("cause réelle et sérieuse"): art. L 1232-1 LC
    Dismissal for economic reasons: must be equally justified by a serious and genuine cause : art. L 1233-3 LC.


Prohibited grounds: marital status; pregnancy; maternity leave; temporary work injury or illness; race; colour; sex; sexual orientation; religion; political opinion; social origin; nationality/national origin; age; trade union membership and activities; disabilities; participation in a lawful strike; whistle blowing; state of health; adoption leave; genetic information; ethnic origin
Remarks:
  • Art. L 1132-1 LC: list of prohibited grounds of discrimination.
    Art. L 1132-2 LC: lawful exercise of the right to strike.
    Art. L1132-3 LC: whistle blowing.
    Art. L1225-4 LC: dismissal is prohibited during pregnancy, where this has been medically certified, during maternity leave (whether or not the worker uses the right to take the leave). Dismissal is nonetheless permitted in case of a serious fault of the worker unrelated to pregnancy, or when the employer is unable to maintain the contract of employment for reasons unconnected with pregnancy or confinement. The same protection against dismissal applies to a employee in adoption leave (see art. 1225-38 LC)


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave
Remarks:
  • *Workers' representatives:
    - Trade union representatives and other worker's representatives: art. L 2411-1 LC
    - Worker's adviser: art. 1232-14 LC
    * Pregnant women and women on maternity leave: art. L 1225-4 and L 1225-5 LC, employees on adoption leave: art 12225-38 LC
    Dismissal is prohibited during pregnancy, where this has been medically certified, during maternity leave (whether or not the worker uses the right to take the leave) and during the period of paid adoption leave, as well as during four weeks after the end of maternity and adoption leave. Dismissal is nonetheless permitted in case of a serious fault of the worker unrelated to pregnancy, or when the employer is unable to maintain the contract of employment for reasons unconnected with pregnancy, confinement or adoption. However, the dismissal or notice of dismissal may not take place during the periods of maternity and adoption leave.


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • Motives must be provided by the employer during a prior oral interview: art L1232-3 LC.
    In addition, the reasons behind the dismissals should be exposed in the letter of notification of the dismissal: art. L1232-6 LC


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Individual dismissal: must be justified by a serious and genuine cause ("cause réelle et sérieuse"): art. L 1232-1 LC
    Dismissal for economic reasons: must be equally justified by a serious and genuine cause : art. L 1233-3 LC.


Prohibited grounds: marital status; pregnancy; maternity leave; temporary work injury or illness; race; colour; sex; sexual orientation; religion; political opinion; social origin; nationality/national origin; age; trade union membership and activities; disabilities; participation in a lawful strike; whistle blowing; state of health; adoption leave; genetic information; ethnic origin
Remarks:
  • Art. L 1132-1 LC: list of prohibited grounds of discrimination.
    Art. L 1132-2 LC: lawful exercise of the right to strike.
    Art. L1132-3 LC: whistle blowing.
    Art. L1225-4 LC: dismissal is prohibited during pregnancy, where this has been medically certified, during maternity leave (whether or not the worker uses the right to take the leave). Dismissal is nonetheless permitted in case of a serious fault of the worker unrelated to pregnancy, or when the employer is unable to maintain the contract of employment for reasons unconnected with pregnancy or confinement. The same protection against dismissal applies to a employee in adoption leave (see art. 1225-38 LC)


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave
Remarks:
  • *Workers' representatives:
    - Trade union representatives and other worker's representatives: art. L 2411-1 LC
    - Worker's adviser: art. 1232-14 LC
    * Pregnant women and women on maternity leave: art. L 1225-4 and L 1225-5 LC, employees on adoption leave: art 12225-38 LC
    Dismissal is prohibited during pregnancy, where this has been medically certified, during maternity leave (whether or not the worker uses the right to take the leave) and during the period of paid adoption leave, as well as during four weeks after the end of maternity and adoption leave. Dismissal is nonetheless permitted in case of a serious fault of the worker unrelated to pregnancy, or when the employer is unable to maintain the contract of employment for reasons unconnected with pregnancy, confinement or adoption. However, the dismissal or notice of dismissal may not take place during the periods of maternity and adoption leave.