My employees contract states that either party may terminate the agreement subject to three months notice; can I therefore simply give such notice to my employee at any time?
The short answer is no and in France, great circumspection should be shown when envisaging the termination of an employment contract. Under French Law, and notwithstanding the clause relating to notice, an employer may not dismiss an employer without establishing formal objective cause or grounds which come within the scope of statute or case law requirements. In respect of such grounds, a general distinction is made between dismissing an employee on personal grounds (poor professional performance of his/her duties, insubordination, disciplinary problems etc) and dismissing an employee on economical grounds (termination of activities of the company, company losing money, reorganisation of the company etc). In the event that it is held that the employer terminated the employees contract without cause the employee may bring the matter before the Employment courts and seek damages, reinstatement etc.. In addition, there are a number of situations where a dismissal might simply be held to
Related Questions
- My employees contract states that either party may terminate the agreement subject to three months notice; can I therefore simply give such notice to my employee at any time?
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