labor law

Lay-off procedures in France (article in french)

Staff representatives (article in german)

Conventional breach of employment contract in France (article in german)

Post- contractual Competition clauses (article in german)

Macron Laws : Some more favorable provisions for employers regarding economic lay-off (article in english)

Termination of Employment Contracts in France (article in english)

civil law

Associations and Foundations (article in french)

commercial law

Prevention of business difficulties (article in german)

Safeguard procedures and liquidation (article in german)

Debt collection in France (article in french)

Direct action after the GAYSSOT Act of February 6, 1998 (article in french)

Counterfeiting (article in german)

company law

The various types of corporate legal entities in France and Germany (article in english)

The simplified limited liability company (SAS) (article in german)

The takeover of a company (article in german)

tax law

Taxation of real estate gains (article in german)

estate law

French estate law (article in german)

A Franco–German estate (article in french)

French tax law applicable to estates (article in german)

professional ethics

Attorneys’ fees in France (article in german)

european law

Guide to exports in Europe (article in english)

Should we opt for the European legal entity? (article in french)

The benefits of a Real Estate Investment Company (SCI) for non-residents (article in french)


company law

The various types of corporate legal entities in France and Germany (article in english)

estate law

A Franco–German estate (article in french)

Practical Guide to German inheritance law (article in french)



Termination of Employment Contracts in France

1- Can you terminate employment without cause ?

In France you need a valid cause to terminate an employment contract and a notice period must be respected (usually one month and three months for executives).
No notice period needs to be respected in case of gross misconduct.

2- Can employees get reinstated ?

In France a distinction must be made between economic dismissal and dismissal for cause.
Reinstatement is pronounced in a collective economic dismissal if the collective dismissal plan is not validated by court. In this case employees could be reinstated.
If the dismissal is not economic the employee could be reinstated if the dismissal is considered as void by the court in cases such as pregnancy, harassment, discrimination or dismissal of a protected employee (trade union representative).

3- How is termination pay determined ?

In France several elements are taken into account :
-The damage of the employee based on how long he/she remained unemployed, his/her family charges.
-Age and the difficulty to find a new job.

4- Is there a special court for labor law ?

In France the labor court has an exclusive jurisdiction for judging any litigation between an employee and an employer.
The first degree jurisdiction (Conseil des Prud’hommes) is composed of four nonprofessional judges (two employees, two employers).
The court of appeal is composed of one or three professional judges.
In France termination issues are highly litigated and could be very expensive for employers.

5-What are the different sources of employment law ?

In France employment law is codified in labor code (Code du travail).
There are collective bargaining agreements depending on the activity of the company.
Lately an important freedom is given to companies to negotiate internal policies.
European laws are obviously also applied.

Liliane-Leila SABER
Avocat à la Cour