In France, employee disciplinary sanctions are governed by a detailed legal procedure, an appropriate alternative provided for in the company’s convention collective or the company’s Règlement Intérieur. The employee may apply to the Labour Court (conseil de prud’hommes) if the correct procedure was not followed, or they believe the sanction is unjustified.
Examples of sanctionable employee misconduct include:
- Failure to carry out a reasonable employer request
- Threatening behaviour in the workplace
- Negligence
- Acts of harassment
What procedure governs employee disciplinary sanctions in France?
If the employer intends to apply a minor sanction (sanction mineure), such as a warning or reprimand that will not be kept on file, the disciplinary procedure is normally simplified. A serious, contract-altering sanction (sanction lourde), such as demotion, transfer, or dismissal, necessitates a more complex process.
In the case of sanction mineure
The employer does not normally have to summon the employee to an interview, unless this is specified in the company’s internal regulations or collective agreement. Instead, the employer will simply notify the employee in writing of:
- the facts that define the employee’s misconduct, and
- the agreed sanction.
This letter may be sent by registered mail, delivered by hand, or even sent electronically. Once the employee has received it, the matter is considered to be closed, with no further repercussions. It is therefore considered an appropriate way of dealing with slight mistakes, in circumstances where the employer feels an informal chat is not quite sufficient.
In the case of sanction lourde
The procedure for applying a serious sanction is more complex, and must be rigorously followed. Failure to adhere to every step in the process may result in the sanction being challenged, and ultimately cancelled.
The employer must invite the employee to a formal interview, in a letter sent by registered mail or hand-delivered with acknowledgement of receipt. This letter must specify the purpose, date, time, and location of the interview, and be sent within two months from the day on which the employer became aware of the misconduct.
Note: unlike disciplinary procedures in the UK and other countries, it is not necessary for the employer to include information about the alleged misconduct in the letter.
There are further considerations if dismissal is likely to occur.
The employer must explicitly state this possibility in the letter, although good practice would be to include it regardless, as new information discussed in the interview could lead to dismissal even if this had not previously been considered.
If dismissal is likely, the employer should also ensure there is a minimum period of five working days between delivery of the letter and the date of the interview. They must also inform the employee of their right to be assisted in the interview by a colleague of their choice, usually a member of the CSE. If the company does not have a CSE, the employee may be assisted by an external advisor (conseiller du salarié).
The employer is also entitled to be assisted by a colleague in the interview. However, this is advised only if the employee chooses assistance.
During the interview, the employer must set out their reasons for the envisaged sanction, and listen to the employee’s explanations.
The final decision will not be communicated in the interview, but sent to the employee in writing, after a compulsory ‘cooling off’ period of two working days at the earliest, and one month at the latest. The letter must be sent by registered letter if the sanction is dismissal, otherwise it may be hand-delivered with proof of receipt.
(Note: “working days” refer to all days of the week except for the weekly rest day – generally Sunday – and public holidays not usually worked in the company).
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