What is a protected employee?

Verified 03 September 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Any employee who is a candidate in a professional election, who holds or has held a mandate as a staff representative or who holds certain mandates or functions outside the company shall be protected against dismissal. They are said protected employees. This protection is intended to ensure that dismissal has no connection with their mandate or function. We're doing an update on the regulations.

The main protected employees are:

  • Member of ESC: titleContent (holder and alternate)
  • Union Delegate
  • Trade union representative at the CSE
  • Representative of the trade union section
  • Employee representative appointed in the context of safeguard proceedings, judicial redress or liquidation
  • Prud'homme Counselor
  • Employee Advisor
  • Union advocate.

Please note

Others employees are also protected.

In order to enable the protected employee to carry out his or her mandate in complete peace and to be protected against possible retaliation or intimidation by the employer, the protected employee shall benefit from a protection against breach of contract of employment.

The employer must then ask for theAuthorization to the labor inspector to terminate the employee's employment contract.

The protection shall apply in particular in the following cases:

  • Dismissal
  • Conventional breakage
  • Retirement
  • End of CSD: titleContent, in some cases
  • Termination of temporary employment contract, in some cases.

Please note

The employer must also ask the labor inspector for authorization when transferring the sheltered employee's employment contract to another company.

The protected employee is protected throughout his term of office.

At the end of his term of office, he also enjoys, in some cases, protection which varies between 6 and 12 months.

Durations of protection enjoyed by the main protected employees at the end of their term of office are:

  • Member of ESC: titleContent (holder and alternate): 6 months
  • Union representative: 12 months, if he has held office for at least one year
  • Union representative at the CSE: 6 months if he has held office for at least two years
  • Representative of the trade union section: 6 months
  • Employee representative appointed in the context of a judicial reorganization or liquidation: the protection ceases when all sums paid to the judicial representative by the AGS: titleContent have been paid by the latter to the employees. Where the employee representative is a member of the ESC, protection ceases at the end of the last hearing or consultation provided for in the judicial redress procedure.
  • Labor Counselor: 6 months
  • Employee advisor: no protection
  • Trade union advocate: no protection.

Who can help me?

Find who can answer your questions in your region

  • Departmental Directorate for Employment, Labor and Solidarity (DDETS or DDETS-PP)

    https://dreets.gouv.fr/

    Search for DDETS on the interactive map by clicking on the department desired.