Mythbuster: Is it actually impossible to be sacked in France?
French workers may be known for their many legal protections and perks - but in reality it's not impossible to get fired in France. Here's a look at some of the things that could see you lose your job, and the process that employers must follow.
France has some strong protection mechanisms for workers - including the right to strike, which is in the Constitution. Many workers in France benefit from a 35-hour work week, and salaried employees get at least 25 days of paid leave, plus public holidays, and perks including restaurant vouchers and complementary health insurance.
READ MORE: The perks and benefits that employees in France enjoy
In addition to benefits that French workers enjoy, there is also the common myth that it is impossible for them to get sacked, even for bad behaviour.
While it is true that there are several steps involved in firing someone in France, as well as the burden of proof placed on the employer to have a real and genuine reason for the termination (licenciement), it is entirely possible to sack an employee. It is also possible to make them redundant if the business is not doing well.
In 2023, 89,892 French employees were laid off for economic reasons and 895,799 for non-economic reasons (including the early termination of a fixed-term contract), according to data collected by the French government.
In France there are two types of contract - a permanent contract known as a CDI and a fixed-term contract known as a CDD. Employers have the option to simply not renew a CDD contract if they are not happy with the employee, but if they want to terminate their contract early for non-economic reasons then there is a slightly different process for CDD workers and CDI.
Legally, the rule is that an employee cannot remain on a fixed-term contract for more than 18 months (including contract renewals), though there are some exceptions (ex. employees sent abroad).
Economic reasons
This covers all dismissals that are not related to the employee's behaviour at work, or their performance or productivity. Licenciement économique might happen if the company experiences a decline in revenue, there are technological changes, the company ceases to operate or there is a re-organisation of the business that eliminates certain roles.
Only workers on a CDI can be terminated for non-economic reasons, although employers do have the option of not renewing contracts for short-term workers (CDD).
Economic termination can be either just one employee at the company, or it can be a 'small' collective dismissal (two to nine employees), or a 'large' collective dismissal (concerning more than 10 employees in a 30-day period).
If a company wishes to make staff redundant they must follow the procedure - failure to do so can result in an employee bringing a successful case against the company and winning a big payout.
In order to make people redundant, the company is required to prove that all training and adaptation measures were taken to try to keep the employee either in his/her position or send them to another division. If it is not possible to send the worker to another position, or if they reject the offer, then the employee must be invited (by registered letter) to an interview called the entretien préalable, which should take place a minimum of five days after the receipt of the letter.
During the entretien, the employee should be given one of two options for their 'employability package', which will depend on whether the company has over 1,000 employees. Basically, there are two possibilities - CSP and Congé de reclassement - both offer personalised aid and accompaniment to help you get back to work, and it is not the same as chômage (unemployment).
You should be given at least 7-15 working days to make your decision on the 'employability package'. Then, you will be sent (by registered letter) a formal termination notice (lettre de licenciement), with your final date of employment.
Once you have finished working, you will receive several documents, as well as your final salary and depending on your situation you may also receive certain payouts (ex. unused vacation time). If you were at the company for at least eight months, you should be entitled to a severance package.
READ MORE: EXPLAINED: What you should know if you want to quit your job in France
Non-economic reasons
This is anything that is linked to the employee's behaviour or work, rather than the company's financial position - this can be used for both workers on the permanent CDI contract and the short-term CDD.
The employer is held to a high standard in this regard - the firing must be based on "real facts" that are "precise, concrete and verifiable" and of sufficient importance that they would justify termination.
You might be fired based on disciplinary grounds (wrongful behaviour of the employee) or on non-disciplinary grounds (inadequate performance).
When it comes to disciplinary grounds, these are ranked from ordinary misconduct (faute simple, eg. an error or negligence) to serious misconduct (faute grave, eg drunkenness at work, harassing a colleague or insubordination) and finally gross misconduct (faute lourde, eg. deliberate destruction of company property, physically attacking a supervisor). An employee on a CDD contract cannot be terminated for a faute simple, only a faute grave or a faute lourde.
In 'ordinary misconduct' the worker may still receive severance pay, but in the latter two they would not.
The steps are similar to the 'economic' path, but there is not the same requirement to find the worker a new post in the company.
Broadly, they include:
- Being summoned by registered letter (or in person/by bailiff) to the entretien préalable
- The preliminary interview (at least five days after the letter is delivered). Technically, the employee is not required to attend.
- The official dismissal notice (lettre de licenciement). This should state the motif (the reason) for the firing, which would include the level of 'faute' if there is a disciplinary element. The registered letter should be sent at least two working days after the preliminary interview. In most cases, the maximum deadline would be one month after the interview.
- The start of the notice period, if the person is being fired for a faute simple. The notice period will begin once they receive the letter unless the employer has exempted them from it (in writing) or if there is a legitimate reason such as illness.
- The end of the employment contract, if the person is fired for serious or gross misconduct. In this situation, there is no notice period and the contract ends as soon as the official dismissal notice is served.
After concluding these steps, employees will receive several final documents, including a certificat du travail and a Pôle Emploi (now 'France Travail') certificate to receive unemployment benefits.
Can I contest being fired?
Yes, within 15 days following the official dismissal notice you can send another registered letter requesting additional information about the firing. Upon receipt, your employer would then have 15 days to respond.
If the employee remains unsatisfied, they can refer the matter to the courts.
If I get fired, what happens to my residency?
If you lose your job - for those whose status has changed from 'employed to unemployed' and they were previously on a residency permit tied to their work status, then "the préfecture will be bound to renew your status as long as you have rights to chômage [unemployment]", according to immigration lawyer and expert, Maître Haywood Wise.
READ MORE: Will quitting my job affect my residency in France?
What can you NOT be fired for?
French law protects employees from being fired while pregnant or on maternity/paternity leave, or while on leave due to an occupational illness or injury, as well as a number of other reasons.
You cannot be fired...
- Due to discrimination
- For exercising your fundamental rights (freedom of expression, association, etc)
- For exercising your role as a juror
- For refusing an international transfer to a country that criminalises homosexuality, on the basis of your sexual orientation
- For reporting or bearing witness, in good faith, to facts constituting a crime
- For being a whistleblower
- As a result of legal action relating to discrimination
- As a result of legal action relating to gender equality
- Against victims or witnesses of moral or sexual harassment (except in bad faith on the part of the employee)
- Without consideration for the protection afforded to 'representative' employees (more info here)
- With disregard for the right to strike
- For reporting the abuse of a disabled person
- For being absent due to the death of a child under 25 or a disabled dependent under 25
You can find the full list here.
What about unemployment benefits?
French unemployment benefits are often seen as generous, even by European standards and amid recent efforts to reform the system.
Any employee who lost their job - whether for economic or non-economic reasons - can access chômage (unemployment), as long as they fit the other requirements. These requirements include having worked in France for a minimum period of six months in the previous 24 months). This can even include those fired for serious wrongdoing.
However, the French government recently passed legislation making it impossible to access unemployment benefits after walking off the job.
READ MORE: How generous is France's unemployment system?
For employees who choose to leave work, there may be the possibility of a rupture conventionnelle - which is when a permanent contract is terminated via mutual consent between the employee and employer.
This allows the employee to access unemployment benefits afterwards, and it was created to avoid workers 'going slow' and staying in jobs they would otherwise leave, in the hopes of being terminated in order to access unemployment.
In all other cases, leaving a position voluntarily means the worker will not be able to access chômage.
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France has some strong protection mechanisms for workers - including the right to strike, which is in the Constitution. Many workers in France benefit from a 35-hour work week, and salaried employees get at least 25 days of paid leave, plus public holidays, and perks including restaurant vouchers and complementary health insurance.
READ MORE: The perks and benefits that employees in France enjoy
In addition to benefits that French workers enjoy, there is also the common myth that it is impossible for them to get sacked, even for bad behaviour.
While it is true that there are several steps involved in firing someone in France, as well as the burden of proof placed on the employer to have a real and genuine reason for the termination (licenciement), it is entirely possible to sack an employee. It is also possible to make them redundant if the business is not doing well.
In 2023, 89,892 French employees were laid off for economic reasons and 895,799 for non-economic reasons (including the early termination of a fixed-term contract), according to data collected by the French government.
In France there are two types of contract - a permanent contract known as a CDI and a fixed-term contract known as a CDD. Employers have the option to simply not renew a CDD contract if they are not happy with the employee, but if they want to terminate their contract early for non-economic reasons then there is a slightly different process for CDD workers and CDI.
Legally, the rule is that an employee cannot remain on a fixed-term contract for more than 18 months (including contract renewals), though there are some exceptions (ex. employees sent abroad).
Economic reasons
This covers all dismissals that are not related to the employee's behaviour at work, or their performance or productivity. Licenciement économique might happen if the company experiences a decline in revenue, there are technological changes, the company ceases to operate or there is a re-organisation of the business that eliminates certain roles.
Only workers on a CDI can be terminated for non-economic reasons, although employers do have the option of not renewing contracts for short-term workers (CDD).
Economic termination can be either just one employee at the company, or it can be a 'small' collective dismissal (two to nine employees), or a 'large' collective dismissal (concerning more than 10 employees in a 30-day period).
If a company wishes to make staff redundant they must follow the procedure - failure to do so can result in an employee bringing a successful case against the company and winning a big payout.
In order to make people redundant, the company is required to prove that all training and adaptation measures were taken to try to keep the employee either in his/her position or send them to another division. If it is not possible to send the worker to another position, or if they reject the offer, then the employee must be invited (by registered letter) to an interview called the entretien préalable, which should take place a minimum of five days after the receipt of the letter.
During the entretien, the employee should be given one of two options for their 'employability package', which will depend on whether the company has over 1,000 employees. Basically, there are two possibilities - CSP and Congé de reclassement - both offer personalised aid and accompaniment to help you get back to work, and it is not the same as chômage (unemployment).
You should be given at least 7-15 working days to make your decision on the 'employability package'. Then, you will be sent (by registered letter) a formal termination notice (lettre de licenciement), with your final date of employment.
Once you have finished working, you will receive several documents, as well as your final salary and depending on your situation you may also receive certain payouts (ex. unused vacation time). If you were at the company for at least eight months, you should be entitled to a severance package.
READ MORE: EXPLAINED: What you should know if you want to quit your job in France
Non-economic reasons
This is anything that is linked to the employee's behaviour or work, rather than the company's financial position - this can be used for both workers on the permanent CDI contract and the short-term CDD.
The employer is held to a high standard in this regard - the firing must be based on "real facts" that are "precise, concrete and verifiable" and of sufficient importance that they would justify termination.
You might be fired based on disciplinary grounds (wrongful behaviour of the employee) or on non-disciplinary grounds (inadequate performance).
When it comes to disciplinary grounds, these are ranked from ordinary misconduct (faute simple, eg. an error or negligence) to serious misconduct (faute grave, eg drunkenness at work, harassing a colleague or insubordination) and finally gross misconduct (faute lourde, eg. deliberate destruction of company property, physically attacking a supervisor). An employee on a CDD contract cannot be terminated for a faute simple, only a faute grave or a faute lourde.
In 'ordinary misconduct' the worker may still receive severance pay, but in the latter two they would not.
The steps are similar to the 'economic' path, but there is not the same requirement to find the worker a new post in the company.
Broadly, they include:
- Being summoned by registered letter (or in person/by bailiff) to the entretien préalable
- The preliminary interview (at least five days after the letter is delivered). Technically, the employee is not required to attend.
- The official dismissal notice (lettre de licenciement). This should state the motif (the reason) for the firing, which would include the level of 'faute' if there is a disciplinary element. The registered letter should be sent at least two working days after the preliminary interview. In most cases, the maximum deadline would be one month after the interview.
- The start of the notice period, if the person is being fired for a faute simple. The notice period will begin once they receive the letter unless the employer has exempted them from it (in writing) or if there is a legitimate reason such as illness.
- The end of the employment contract, if the person is fired for serious or gross misconduct. In this situation, there is no notice period and the contract ends as soon as the official dismissal notice is served.
After concluding these steps, employees will receive several final documents, including a certificat du travail and a Pôle Emploi (now 'France Travail') certificate to receive unemployment benefits.
Can I contest being fired?
Yes, within 15 days following the official dismissal notice you can send another registered letter requesting additional information about the firing. Upon receipt, your employer would then have 15 days to respond.
If the employee remains unsatisfied, they can refer the matter to the courts.
If I get fired, what happens to my residency?
If you lose your job - for those whose status has changed from 'employed to unemployed' and they were previously on a residency permit tied to their work status, then "the préfecture will be bound to renew your status as long as you have rights to chômage [unemployment]", according to immigration lawyer and expert, Maître Haywood Wise.
READ MORE: Will quitting my job affect my residency in France?
What can you NOT be fired for?
French law protects employees from being fired while pregnant or on maternity/paternity leave, or while on leave due to an occupational illness or injury, as well as a number of other reasons.
You cannot be fired...
- Due to discrimination
- For exercising your fundamental rights (freedom of expression, association, etc)
- For exercising your role as a juror
- For refusing an international transfer to a country that criminalises homosexuality, on the basis of your sexual orientation
- For reporting or bearing witness, in good faith, to facts constituting a crime
- For being a whistleblower
- As a result of legal action relating to discrimination
- As a result of legal action relating to gender equality
- Against victims or witnesses of moral or sexual harassment (except in bad faith on the part of the employee)
- Without consideration for the protection afforded to 'representative' employees (more info here)
- With disregard for the right to strike
- For reporting the abuse of a disabled person
- For being absent due to the death of a child under 25 or a disabled dependent under 25
You can find the full list here.
What about unemployment benefits?
French unemployment benefits are often seen as generous, even by European standards and amid recent efforts to reform the system.
Any employee who lost their job - whether for economic or non-economic reasons - can access chômage (unemployment), as long as they fit the other requirements. These requirements include having worked in France for a minimum period of six months in the previous 24 months). This can even include those fired for serious wrongdoing.
However, the French government recently passed legislation making it impossible to access unemployment benefits after walking off the job.
READ MORE: How generous is France's unemployment system?
For employees who choose to leave work, there may be the possibility of a rupture conventionnelle - which is when a permanent contract is terminated via mutual consent between the employee and employer.
This allows the employee to access unemployment benefits afterwards, and it was created to avoid workers 'going slow' and staying in jobs they would otherwise leave, in the hopes of being terminated in order to access unemployment.
In all other cases, leaving a position voluntarily means the worker will not be able to access chômage.
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