Employment law

Severance pay is due to an employee on a permanent contract who is dismissed after six months of work in the same company, except in cases of serious misconduct (Article 52 of the Labour Code). Article 53 calculates it per year of service: 96 hours of pay for each of the first five years, 144 hours for years 6 to 10, 192 hours for years 11 to 15 and 240 hours for each year beyond the fifteenth. It is separate from the damages due for unfair dismissal.

A dismissal is unfair when it is based on an invalid reason or does not follow the required procedure, in particular the prior hearing of the employee (Articles 62 to 64 of the Labour Code). Article 41 then provides for damages calculated at one and a half months' salary per year or part year of service, capped at 36 months' salary. A conciliation attempt before the labour inspector may precede legal action.

Notice is provided for by Article 43 of the Labour Code, and its length depends on the employee's category and length of service, under the regulations, the contract or the collective agreement. It ranges from a few days for recently hired workers to several months for managerial staff. No notice is due in cases of serious misconduct, and the party who fails to observe it owes compensation equal to the pay for the period not worked (Article 51).

An action challenging a dismissal must be brought before the court within 90 days of receiving the dismissal decision, failing which the right is lost (Article 65 of the Labour Code). More generally, claims arising from individual employment relationships are time-barred after two years (Article 395). It is therefore advisable to consult a lawyer as soon as you receive the dismissal letter.