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.
 

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