Unfair dismissal: what are the consequences for the employee?
Verified 10 September 2024 - Directorate for Legal and Administrative Information (Prime Minister)
An employee dismissed by his employer may contest his dismissal by bringing the matter before the Labor Council (CPH). The judge may recognize that the dismissal is abusive (without real and serious cause) where the reason for the dismissal is not valid. We'll give you the information you need to remember.
An unfair dismissal is a dismissal for which the reason is considered by the judge to be unjustified. It is also said that dismissal is without real and serious cause.
Yes, the employee can be reintegrated into the company if the following 2 conditions are met:
- Proposal for reinstatement by judge
- Agreement of the employer and the employee for this reintegration.
The reinstated employee retains the maintenance of his acquired benefits (e.g. salary, seniority).
YesIf it is not possible to reinstate the employee, the judge shall award the employee compensation for dismissal without real and serious cause. This allowance is paid by the employer.
The amount of the allowance varies according to the size of the company and the length of service of the employee at the date of the dismissal. The judge determines the amount.
A simulator is used to indicate the minimum and maximum amounts of compensation for wrongful dismissal:
Estimate the amount of compensation for wrongful dismissal
Please note
In determining the amount of compensation for wrongful dismissal, the judge may take into account the contractual or contractual dismissal allowances already received by the employee.
Yes, it can be combined with thestatutory severance pay.
During a dismissal on economic grounds, the allowance may also be combined with the following allowances:
- Non-compliance by the employer with the consultation of the staff representatives or information DDETS: titleContent
- Non-compliance with the re-hire priority
- Lack of implementation of Social and Economic Committee (ESC) in a company that must comply with that obligation.
Warning
Compensation due under a economic redundancy and compensation for wrongful dismissal accumulate in the maximum amount limit provided for in the scale.
Compensation for wrongful dismissal is not subject to income tax.
Compensation for wrongful dismissal may be exempted, under certain conditions, from social contributions.
Who can help me?
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Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
He does not respond questions relating to unemployment compensation and representations to France Labor (formerly Pôle emploi), the officials or contractual of the fpublic service, the amount or payment of contributions social, wage or management.
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Challenge and penalties for irregularities in dismissal
Accumulation of allowances
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