Disciplinary procedures
Published on :
31/12/2021
31
December
Dec
12
2021
French companies rarely have a detailed disciplinary procedure. This is because the French Labour Code and the applicable Collective Bargaining Agreement already contain rules on when and how an employee can be subject to disciplinary action.
Here are a few tips to help you avoid certain pitfalls.
DO
- Check what is written in your Règlement Intérieur (internal rules mandatory for all companies with over 20 employees) and Collective Bargaining Agreement;
- Make sure that you sanction misconduct no later than 2 months after the company became aware of it;
- Invite an employee to a preliminary meeting to allow them to defend themselves before pronouncing any sanction which could impact their continued employment.
DO NOT
- Impose financial penalties (pay deductions, reduced bonus etc.);
- Impose two or more types of sanctions for the same misconduct (e.g. suspension without pay and a warning letter);
- Prohibit an employee from being accompanied by a member of staff or a staff representative to a preliminary meeting.
Here are a few tips to help you avoid certain pitfalls.
DO
- Check what is written in your Règlement Intérieur (internal rules mandatory for all companies with over 20 employees) and Collective Bargaining Agreement;
- Make sure that you sanction misconduct no later than 2 months after the company became aware of it;
- Invite an employee to a preliminary meeting to allow them to defend themselves before pronouncing any sanction which could impact their continued employment.
DO NOT
- Impose financial penalties (pay deductions, reduced bonus etc.);
- Impose two or more types of sanctions for the same misconduct (e.g. suspension without pay and a warning letter);
- Prohibit an employee from being accompanied by a member of staff or a staff representative to a preliminary meeting.
History
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Paid leave in France
Published on : 04/07/2023 04 July Jul 07 2023Newsletter / Do’s and Dont’sDO The employee is entitled to two and a half working days' leave for eac...
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Trial period
Published on : 10/01/2023 10 January Jan 01 2023Newsletter / Do’s and Dont’sDO - Expressly provide for the trial period in the employment contract: in...
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Independent workers!
Published on : 04/10/2022 04 October Oct 10 2022Newsletter / Do’s and Dont’sUsing an independent contractor requires great care to avoid the reclassifica...
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Non-compete clauses
Published on : 04/07/2022 04 July Jul 07 2022Newsletter / Do’s and Dont’sBefore introducing a non-compete clause DO: keep in mind that non-compete...
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Recruitment in France
Published on : 01/04/2022 01 April Apr 04 2022Newsletter / Do’s and Dont’sJob description DO: - Focus on concrete tasks and consider which role r...
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Disciplinary procedures
Published on : 31/12/2021 31 December Dec 12 2021Newsletter / Do’s and Dont’sFrench companies rarely have a detailed disciplinary procedure. This is becau...
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Navigating pandemic rules in the autumn
Published on : 30/09/2021 30 September Sep 09 2021Newsletter / Do’s and Dont’sFall marks the “rentrée” in France: back to school and for many, back to the...
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This month: Implementing Telework after the pandemic
Published on : 01/07/2021 01 July Jul 07 2021Newsletter / Do’s and Dont’sThe summer of 2021 brings promise and hope of a return to safety and normalcy...