Dismissal of home-based employee employed by an individual
Verified 02 August 2023 - Directorate for Legal and Administrative Information (Prime Minister)
Where an individual employer is considering to dismiss an employee at home, he must summon him to a pre-maintenance and send him a letter of dismissal. Does the employer have to comply with a time limit before sending the letter of termination? How long is the notice firing? Is the employee entitled to allowances ? We are taking stock of the regulations.
Step-by-step approach
An individual employer who intends to dismiss an employee must call him in for a prior interview.
This invitation shall be made by registered mail with AR: titleContent or hand-delivered against dump.
The letter shall contain the following information:
- Subject matter of the summons
- Date, time and place of interview
FYI
In the case of shared custody, each dismissal procedure is distinct and cannot be held in the presence of the other family.
Maintenance can be kept to a minimum from 4eday workable as from the day after 1re presentation of the registered letter, or of the hand delivery.
Example :
An employee works from Monday to Friday and has his weekly rest on Sunday. There are no public holidays in the week.
If the 1re presentation of the letter shall take place on tuesday, the interview may take place at the earliest on Monday of the following week. Since Saturday is a working day, it counts within the 4-day period.
If the time limit ends one saturday, one sunday, one public holiday or unemployed, it is extended to the next working day (for example, if the deadline ends on monday 1er may, it ends on tuesday).
The interview must take place physically. The employee cannot be assisted.
The employer shall inform the employee of the Reasons for the envisaged decision and seek explanations.
The recording of the interview is prohibited, unless mutually agreed.
The absence of the employee from this interview does not suspend the procedure.
If the employer decides to terminate employment, the employer writes a letter of termination. It shall specify the grounds for dismissal.
The individual employer may dismiss his employee by DTA: titleContent for any reason constituting a real and serious cause one gross negligence, or a gross negligence.
In case of death of the employer, one entitled or, in the absence of a person entitled, a third party shall inform the employee of the date of death of the individual employer as soon as possible, in writing.
Please note
Dismissal procedures for personal motive or for economic motive provided for in the Labor Code shall not apply.
The individual employer sends the notification dismissal, in writing, to the employee's home address by registered letter with AR: titleContent.
Such notification may take place from 4eday workable and no later than 30ebusiness day at midnight.
These periods shall be calculated from the following days:
- Day after interview
- Or the day after the scheduled date of the meeting if it has not taken place
Duration
One notice shall be granted to the dismissed employee, except in cases of serious or serious misconduct.
The length of the notice depends on his seniority with the same employer.
It shall be calculated on the day on which the registered letter notifying the dismissal is sent.
The date of 1re presenting the registered letter with AR: titleContent lay-off shall determine the starting point for the notice.
Employee's length of continuous service with the same employer | Notice in the event of dismissal |
|---|---|
Less than 6 months | 1 week |
From 6 months to less than 2 years | 1 month |
2 years and older | 2 months |
Please note
for life assistants accompanying persons who are disabled or have lost their independence, these periods may be extended with the written consent of the employee.
Waiver of notice
The procedure varies depending on whether the employer, the employee, requests it or partially waives the notice for the employee who has returned to work.
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By the employer
The employee receives a compensatory period of notice. This allowance corresponds to the salary that the employee would have received if he had continued to work.
The period of notice which has not been completed shall be taken into account for the determination of the entitlement to paid leave and seniority.
Requested by employee
The procedure varies depending on whether the employer accepts or refuses the request for a waiver of notice.
Employer's agreement
The employment contract shall end on the last day worked. The employee is not paid for the unrealized part of the notice.
Refusal of the employer
If the employer refuses, the employee must give prior notice.
If the employee does not give notice, the employer may ask the employee to pay him compensation equal to the amount of net remuneration corresponding to the duration of the unrealized notice.
The employer must enter the prud'homme council to get the payment.
Partial waiver of notice for employee who has returned to employment
When the employee returns to work during the notice period, the notice period shall be reduced.
He can, on presentation of proof, cease work with the individual employer once he has carried out, at least:
- 1 week notice if the period of notice is 1 month or less
- 2 weeks' notice if the period of notice is 2 months.
In this case, the employee and the individual employer shall be released from their obligation to give notice. The employee is not paid for the remaining period of notice.
This unrealized period of notice shall not be taken into account for the determination of the employee's entitlement to seniority and paid leave.
Hours of absence during the notice period to search for a job
In order to find a new job, an employee whose working time is at least 40 hours per week shall be entitled, without a reduction in salary, to leave authorizations:
Employee's length of continuous service with the same employer | Hours of absence allowed |
|---|---|
Less than 2 years | 2 hours a day for 6 working days |
2 years and older | 2 hours per day for 10 working days |
In the absence of agreement between the parties, the 2-hour periods are taken alternately, 1 day at the choice of the individual employer, 1 day at the choice of the employee. The individual employer and the employee may agree to group all or part of these hours before the expiry of the notice period.
Severance pay
The employee having at least 8 months' seniority under the same contract of employment with the individual employer is entitled to severance pay.
Severance pay is equal to
- 1/4 months of salary per year of service up to 10 years,
- 1/3 months of salary per year of service after 10 years.
FYI
monthly salary crude to be taken into account is the highest average between the last 12 and 3 months prior to the notification of the dismissal. If the employee's length of service is less than 12 months, the average of the months preceding the dismissal shall be taken into account.
A simulator allows you to estimate the amount of the minimum severance pay:
Estimate the amount of severance pay
Compensatory leave with pay
If there is any untaken paid leave remaining on the date of termination of the contract, a leave allowance paid is due.
This allowance shall be equal at the higher of the 2 amounts:
- Gross remuneration received by the employee for a period of work equivalent to that of the remaining paid leave
- 1/10e of the total gross remuneration received in the reference year
Where recourse is had to the Cesu: titleContentHowever, if the leave is paid monthly, it does not give rise to compensatory allowance.
Nature of documents
The individual employer must hand over certain documents to the employee at the end of the contract. Document templates vary depending on the employee's job.
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Childcare
- Work Certificate
- Received for the balance of any account that details the amounts paid upon termination of the employment contract. If the employee has signed the receipt for the balance of any account, he or she has 6 months after the date of signature to challenge it.
- Attestation France Travail (formerly Pôle emploi)
A service allows to carry out online the steps related to the termination of the employment contract:
Other
- Work Certificate
- Received for the balance of any account that details the amounts paid upon termination of the employment contract. If the employee has signed the receipt for the balance of any account, he or she has 6 months after the date of signature to challenge it.
- Attestation France Travail (formerly Pôle emploi)
A service allows to carry out online the steps related to the termination of the employment contract:
Time limit for the submission of documents
Time limits for submitting documents vary depending on whether the employee is completing the notice.
Executed Notice
The documents are delivered on the termination date, that is, at the end of the notice period.
Waiver of notice by employer
The documents are delivered on the termination date, that is, at the end of the notice not given.
Waiver of notice requested by the employee
Total waiver of notice
The documents shall be submitted no later than 2 weeks calendars after the last day worked.
A certificate stating the date on which the employee is free of any commitment may be given by the employer to the employee who so requests.
Partial waiver of notice
Documents shall be submitted no later than 2 calendar weeks after the last working day.
A certificate stating the date on which the employee is free of any commitment may be given by the employer to the employee who so requests.
Please note
where the partial waiver of notice is less than 2 weeks, the documents shall be submitted at the date of termination of the contract, that is to say at the end of the notice.
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