Losing your job is stressful enough without the added suspicion that your dismissal wasn't legitimate. French labour law sets strict requirements for employers, and understanding them can make the difference between accepting a raw deal and securing fair compensation.
What Counts as Unfair Dismissal?
In France, every dismissal must be based on a cause réelle et sérieuse — a real and serious cause. This means the employer must demonstrate either a personal reason (misconduct, incompetence) or an economic reason (financial difficulties, restructuring). If they can't, the dismissal is considered unfair.
Common Red Flags
Several situations should raise your attention:
- You were fired shortly after reporting workplace issues or requesting a raise
- The reasons stated in your dismissal letter are vague or generic
- Your employer skipped the mandatory pre-dismissal meeting (entretien préalable)
- You were let go during a period of sick leave without proper justification
- The notice period or severance pay doesn't match your contract or the collective agreement
The Pre-Dismissal Procedure
French law imposes a strict procedure that employers must follow. The employee must be invited to a formal meeting at least 5 working days in advance. During this meeting, they have the right to be accompanied by a colleague or an external adviser. Only after this meeting can the employer issue a dismissal letter, which must clearly state the grounds.
Any procedural failure can be used to challenge the dismissal, even if the underlying reason was valid.
What Can You Claim?
If a labour court (Conseil de prud'hommes) finds your dismissal unfair, you may be entitled to compensation. Since the 2017 Ordonnances Macron, damages are capped based on your seniority, but the amounts can still be significant — especially for long-tenured employees.
In addition, you may claim compensation for procedural irregularities, unpaid overtime, or unused paid leave.
Time Limits
You have 12 months from the date of your dismissal to file a claim before the labour court. Don't wait — gathering evidence early strengthens your case considerably.
Think your dismissal was unfair? Our employment law team has extensive experience before the Conseil de prud'hommes. Book a consultation to assess your situation.