Firing an employee in France
Once you have a motive you can prove to fire an employee, and you’ve decided you wanted to lay him/her off, there are 4 main steps you need to follow.
-
Sending a meeting notice
First and foremost, the employee has to receive a notice for a meeting. It has to be sent as a registered letter, so that its date can be proven. Alternatively, you can give the letter directly, with the employee signing a statement assuring that the letter was received, or have a notary be present.
-
Having the meeting
The employee then has at least 5 days to prepare for the meeting to discuss the reasons behind a potential dismissal or to find solutions to avoid it. The employee can always come accompanied by someone else. In fact, the employee doesn’t have to be present at all.
-
The dismissal letter
If, after the meeting, the dismissal is confirmed, the Employee must be sent a letter containing the following pieces of information:
- The motive for dismissal
- The eventual possibilities for redeployment
- The rights the employee keeps after his dismissal
-
The end of the contract
Depending on the situation, the employee might have to work until the end of the contract. They’ll also have to receive the following documents:
- A work certificate
- A Pôle Emploi certificate (Pôle Emploi is the French national employment center)
- The balance of the account
If this is an economic dismissal, you’ll also have to organize a consultation with staff representatives, as well as a notice to the administration.
Generally, employees will also have to receive compensation when they’re laid off. However, that doesn’t apply when they’ve been dismissed because of grave or serious misconduct.
