Advice and defence for employers

An invitation to a preliminary meeting by registered letter or by hand, the meeting at least five working days later, then a reasoned notification by registered letter, no earlier than two working days and no later than one month after the meeting. The procedure must start within two months of the employer learning of the facts.

Yes, in businesses and establishments that usually employ at least 50 people. They set out health and safety rules and the scale of disciplinary sanctions, which the employer can only apply if they appear in them.

For a permanent contract, the initial probationary period is at most two months for workers and employees, three months for supervisors and technicians, and four months for managers (cadres). It may be renewed only once, if an extended sector-level agreement provides for it and the employment contract so states, up to a total of four, six or eight months depending on the category. The probationary period must be set out in writing in the contract.

Since 2023, the employer can send an employee who has voluntarily abandoned their post a formal notice to justify the absence and return to work within a period of at least fifteen days. If the employee does not return and has no legitimate reason (medical grounds, right of withdrawal, right to strike, etc.), they are presumed to have resigned. They can challenge this presumption before the employment tribunal, which then rules directly on the merits within one month.

The employer must take the measures needed to ensure safety and protect employees' physical and mental health: prevention, information and training, and appropriate organisation and resources. In particular, it must assess risks and record them in the single occupational risk assessment document (document unique), which is compulsory from the first employee. A breach can give rise to civil and, in some cases, criminal liability.

According to settled case law of the Court of Cassation, a non-compete clause is valid only if it is essential to protect the company's legitimate interests, limited in time and space, takes into account the specific features of the employee's job and provides for financial compensation. Otherwise it is void, and an employee who complied with it can claim damages.

Proceedings normally begin with a conciliation and orientation phase, during which the parties can reach an agreement, possibly through a lump-sum conciliation payment. Failing that, the case is heard by the judgment panel. Representation by a lawyer is not compulsory at first instance, but it is on appeal (lawyer or union representative).

Official source: Service-Public.fr (official page)