Dismissal: what is an employee's adviser?
Verified 01 August 2024 - Directorate for Legal and Administrative Information (Prime Minister)
In companies where there is no staff representative, an employee who is summoned for a pre-dismissal interview may be assist by an adviser to the employee. This one is a person outside the company. He is on a list drawn up in each department by the prefect. We're doing an update on the regulations.
The role of the employee's advisor is limited to the function assistance and advice.
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.
The employee's advisor intervenes at the request of the employee at the time of pre-maintenance to dismissal. He cannot represent the employee if he is absent during the interview.
He does not take steps in place of the employee.
The employee's advisor may, at the time of the preliminary interview:
- Act On
- Ask the employer for explanations
- Complete employee explanations
- Make submissions.
Please note
The employee's advisor may assist the employee called to an interview prior to disciplinary sanction in view of a dismissal. It may also assist the employee in an interview during a conventional break.
The employee's advisor only works in the department where it is appointed. He is on a list drawn up in each department by the prefect.
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 shall include the names, addresses, professions and any trade union membership of the members.
The list of the employee's advisors is available at the following locations:
- Labor inspection on which the company depends
- Town halls of the department.
It can also be found on the websites of the Prefecture and the Dreets: titleContent.
Departmental Directorate for Employment, Labor and Solidarity (DDETS or DDETS-PP)
Search for DDETS on the interactive map by clicking on the department desired.
The employee's advisor assists and advises for free the employee.
The employee contacts the counselor of his choice on the list drawn up by the prefect.
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
Absence or delay of the employee's advisor does not require 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 in prison and €3,750 of fine.
No. The employee's advisor is not required to prepare a document at the end of the pre-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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The informants who answer you belong to the ministry responsible for labor.
Role and choice of employee advisor, obligations and guarantees for employee advisor
Penalties for non-compliance with the status of employee adviser
Pre-interview and employee advisor
Establishment of the list of advisors of the employee, guarantees for the advisor of the employee
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Ministry of Labor