Dismissal: what is an employee's adviser?
Verified 21 November 2022 - Directorate for Legal and Administrative Information (Prime Minister)
In companies where there is no staff representative, on salaried worker summoned to pre-dismissal interview can be done assist by a employee's advisor. What is the role of the employee's advisor? How to find the employee's adviser? Is the intervention of the employee's advisor free ? We're doing an update on the regulations.
The employee's advisor is a person outside the company.
He is on a list drawn up in each department by the prefect.
He is chosen on the basis of his experience in the company world, relations between employers and employees, and a real knowledge of social law. These may include, for example, employers, employees, pensioners.
The employee's advisor only works in the department where it is appointed.
The choice of the employee's advisor depends on the location of the pre-maintenance.
This place may therefore be in a different department from that of the employee's place of work.
Example :
The employee's place of work is in Moselle, but the preliminary interview is held at the company's headquarters in Meuse. In this case, the employee will have to choose an adviser of the employee registered on the list of the department of Meuse.
The list of the employee's advisors can be consulted:
- in each labor inspection section,
- in all the county town halls,
- on the prefecture and Dreets: titleContent.
The list shall include the names, addresses, professions and any trade union membership of the members.
The role of the employee's advisor is strictly limited to the assistance and advisory function.
He intervenes at the time of pre-maintenance to dismissal.
He may not attend the employee summoned for an interview prior to a disciplinary sanction other than dismissal.
Please note
the employee's advisor cannot represent the employee if he or she is absent during the interview.
He does not take steps in place of the employee.
The employee's advisor may:
- Act On
- Ask the employer for explanations
- Complete employee explanations
- Make comments
FYI
the employee's advisor may also assist the employee in an interview during a conventional break.
The employee's advisor assists and advises for free the employee.
The employee contacts the employee's advisor of his choice.
He communicates the date, time and place of interview.
The selected advisor informs the employee of his participation in the interview. In the event of unavailability, the employee may choose another counselor.
Warning
the absence or delay of the employee's counselor does not oblige the employer to postpone the interview.
Yes. The employee shall inform the employer, prior to the interview, of the presence of the employee’s advisor.
No. The employer may not object to the presence of the employee's advisor at the interview.
The employee’s counselor can justify his or her position by presenting a copy of the order of the prefecture appointing him or her.
Please note
an employer who prevents an employee’s counselor from performing his duties may be sentenced to 1 year’s imprisonment and €3,750 of fine.
No. The employee's advisor is not required to write a document at the end of the interview.
The employee’s advisor may, at the request of the employee he is assisting or in agreement with all participants, draw up a document showing the progress and content of the prior interview.
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Role and choice of employee advisor, obligations and guarantees for employee advisor
Pre-interview and employee advisor
Establishment of the list of advisors of the employee, guarantees for the advisor of the employee
Penalties for non-compliance with the status of employee adviser
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Ministry of Labor