Under Article L 124-2 of the Labour Code, employers with 150 or more employees must conduct pre-dismissal interviews with employees. The same article provides that – in the event of a dismissal with notice or for gross misconduct on the employee's part – the employer must issue notice to the employee in the eight days that follow the pre-dismissal interview.
In a March 17 2016 ruling the Third Chamber of the Labour Court of Appeal held that an employer's issuance of a notice of dismissal nine days after the pre-dismissal interview (ie, one day late) did not constitute a formal irregularity and render the dismissal unlawful.(1) The court held that "failure to comply with the 8-day period for dismissal following the pre-dismissal interview did not constitute an essential procedural requirement as defined [in Article L124-12(3) of the French Labour Code]". It consequently rejected the employee's claim for compensation on the basis of a formal irregularity.
For further information on this topic please contact Guy Castegnaro or Ariane Claverie at Castegnaro by telephone (+352 26 86 82 1) or email ([email protected] or [email protected]). The Castegnaro website can be accessed at www.castegnaro.lu.
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