In France, there are a couple of ways to operation a termination.
The relationship can be ended by your employer or by you, like in any other country. However the ways to do it and the consequences will be different based on who instigates the break-up.
In this article, we’ll focus on termination of the work contract on the initiative of the employer.
There are two main ways for the employer to cancel your contract.
Little disclaimer : we are not law professionals and the advice we give is of course not exhaustive. If any doubts or questions remain after reading this article, either contact us or a labour law professional.
Termination for personal reasons
Why could you be dismissed ?
French labour law dictates that an employee can be terminated based on disciplinary or competence reasons. These two motives are called in french “motif personnel”. It covers two categories :
- The disciplinary reasons : if you’re always late, misconduct on the job, insult or hurt co-workers etc.
- The non-disciplinary reasons : if you’re not qualified enough for the job, don’t have the skills etc
Are there any steps before dismissal ?
There is of course a gradation of sanctions that can happen before you’re fired. And usually companies won’t resort to a termination right away. You may first get an official reprimand, then a suspension and if the faulty behavior persists, a lay-off.
What are the steps for a dismissal for personal
reasons ?
Step 1 : notification. You usually receive a letter or an email that invites to a pre-dismissal meeting (“entretien préalable au licenciement” in french).
Step 2 : Pre-dismissal meeting. Within 5 days of the reception of the notification letter, HR or management will call you in to let you present your point of view. In this meeting you can be accompanied by any person from the company that you want.
Step 3 : Letter of dismissal. If the meeting above is inconclusive, you’ll receive at least two days after the letter of dismissal as a registered letter with acknowledgement of receipt LRAR. This letter will state the motive for dismissal and the beginning date of the notice. Usually, unless for certain motives (gross misconduct or negligence / faute grave ou faute lourde) where you can be fired right away, the notice will be about a month.
Is there anything I can do to dispute
my termination ?
If you feel like you don’t agree with your employer and have ground for a claim, here are the steps :
- Within 15 days of receiving the letter of dismissal, you can write a letter to your employer to request clarifications. This letter must be LRAR.
- The employer has then 15 days to answer to you.
- If you didn’t get satisfaction, you can refer you case to a specific labour court called “prud’hommes” in France.
How much do I get as a severance ?
That’s a tricky question as it depends on your seniority in the company, the ground of your dismissal etc.
Basically, what you need to bear in mind is that :
- In the event of dismissal for gross misconduct, you don’t get anything
- In other cases you get a ¼ month salary per year in the company
- You can waive the severance package and negotiate a compensation based on the money that owes you the company with paid leaves, bonuses etc…
What happens after ?
Employees laid off through this procedure are eligible for unemployment benefits in the general situation. I remind you once again that we are here dealing with french labour law that is quite complex and sometimes calls for different outcomes in situations that look to be the same.
To discover how to get registered with the french employment agency, click here.
Termination on economic grounds
Why would a company resort to that ?
When in a financial plight, companies may choose to lay off staff. This means that the dismissal is not wanted by the employee and that creates some obligation from the employer toward the employee.
Basically, this may happen when :
- there has been an utter shift of market that the company didn’t adresse
- a technological change triggers significant evolutions within the company.
Are there any steps before termination ?
Most of the time, dismissal on economic grounds doesn’t happen from one day to another. In companies under financial or economic stress, employees are aware of the difficulties whether through official channels (HR, management) or unofficial ones (what you hear at the coffee break).
This is just to say that when the first steps of a dismissal on economic grounds are taken it’s, usually, not a complete surprise.
Before actually firing people, the employer must define the skills that he needs to retain or hire. For the people that don’t fall into these categories, they must be offered opportunities to be redeployed within the company at different positions.
Actually, even though this is an obligation under law, most of the time companies know they have to take drastic actions and need to lay off some people, so they may offer underqualified positions or to work halfway around the world…
What are the steps for a dismissal on economic
grounds ?
Step 1 : notification. You usually receive a letter or an email that invites you to a preliminary meeting (“entretien préalable” in french).
Step 2 : Preliminary meeting. Within 5 days of the reception of the notification letter, HR or management will explain the situation and the decision that has been made for you. they will also present you with options (take a package, take another position in the company…)
Step 3 : Letter of dismissal. You’ll receive within 7 to 15 days after the meeting a letter of dismissal as a registered letter with acknowledgement of receipt LRAR.
Is there anything I can do to dispute my
termination ?
If you wish to dispute the grounds for dismissal, the package etc, you can refer your case to the “prud’hommes” that is the french labour court. In that situation, you should get help from a professional.
How much do I get as a severance ?
That’s a tricky question as it depends on your seniority in the company, the ground of your dismissal etc.
Basically, what you need to bear in mind is that :
- You usually get a ¼ month salary per year in the company. This grows with your years of service.
- You can waive the severance package and negotiate a compensation based on the money that owes you the company with paid leaves, bonuses etc…
What happens after ?
Employees laid off through this procedure are eligible for unemployment benefits in the general situation. I remind you once again that we are here dealing with french labour law that is quite complex and sometimes calls for different outcomes in situations that look to be the same.
To discover how to get registered with the french employment agency, click here.
Tips
- French law dictates that any termination must be caused by a genuine and serious motive. If you have a displeasure to be in such a situation one day, and feel that the break-up of your contract doesn’t have a serious ground, please get in touch with a labour law professional.
- Make a copy or digitally store every exchange with HR or management during this procedure.
- Paid leave : if you have not been able to take all of your leave before the end of the notice, these days will be paid to you.
