|
|
|
French Employment Law - Disciplinary
measures under French Law
It is most important to take account of the fact that any disciplinary measure to be taken is subject to the very formal provisions of the French Code du Travail (codified statutory provisions relating to Employment Law) as well perhaps as the provisions of the applicable Convention Collective de Travail (Collective Bargaining Agreement).
There is also a possibility that there might be an applicable Règlement Intérieur (in-house rules or procedure) to the employer/employee relationship in question.
In the event of conflict between any of the above legal or contractual provisions, it is a constant that the construction which is most favourable to the salaried employee will be generally be adopted by the French Courts.
Thus, and for example, it would be the norm to summon an employee to
a formal meeting with the employer by sending a registered letter to
the employee’s home address in which the ostensible reason for holding
the meeting, as well as the date, time and place thereof, are clearly
set out.
The meeting should usually be fixed at least 5 workings days after the supposed date of receipt of the registered letter by the salaried employee.
It should also set out the fact that the employee may, if he or she so wishes, be accompanied by a third party, although there are considerable restrictions on who might accompany the employee.
If these statutory or contractual procedures were not strictly followed then it would not be unusual for the Courts to hold that the disciplinary measure was invalid and thus prevent the employer from relying upon the particular conduct in any future proceedings.
The same considerations would normally be applicable, to a great extent, to a number of different areas of disciplinary matters and include not only conduct based grounds but also performance based
|
