Employment Law

The Employment Law practice at ADER JOLIBOIS, headed by Jocelyne Clerc, Partner, provides legal advice, assistance and representation to companies and senior executives on all aspects of French employment law.

Our expertise covers individual and collective employment relations, from day-to-day legal advice and negotiations to complex disputes and litigation.

Individual Employment Relations

ADER JOLIBOIS advises and represents companies and senior executives on all aspects of individual employment relations under French law.

• Drafting and negotiating employment contracts and contractual amendments.
• Dismissals, disciplinary procedures and mutually agreed terminations.
• Discrimination, psychological and sexual harassment.
• Occupational and non-occupational incapacity.
• Remuneration, working time, overtime and undeclared work.
• Employment disputes and representation before French employment tribunals (Conseils de prud’hommes).
• Legal issues relating to senior executives and corporate officers.

Collective Employment Relations

ADER JOLIBOIS assists companies in managing collective employment relations, negotiations and organisational changes.

• Employee representative bodies and trade union relations.
• Collective bargaining agreements and mandatory negotiations.
• Working time arrangements, professional equality and quality of working life.
• Restructuring, collective redundancies and voluntary departure plans.
• Employment law aspects of mergers, acquisitions and business disposals.
• Employment-related due diligence and compliance reviews.
• Collective employment disputes and litigation.

Employee Mobility and Expatriation

ADER JOLIBOIS advises companies and senior executives on employment law matters relating to employee mobility, international assignments and expatriation.

Our assistance covers employment contracts, changes in working conditions and the legal implications of cross-border employment arrangements under French law.

Employment Law in the Media – Journalists’ Employment Status

Under the leadership of Jocelyne Clerc, Partner, the Employment Law practice at ADER JOLIBOIS advises and represents companies in the media sector — including print media, radio, television and digital media — as well as journalists, on employment law matters specific to their profession.

Our expertise covers the particular employment status of journalists under French law, change-of-ownership clauses (clauses de cession), proceedings before the French Journalists’ Arbitration Commission (Commission arbitrale des journalistes), and the management of complex employment-related situations in the media industry.

Why Choose ADER JOLIBOIS for Employment Law?

Legal Advice and Litigation Expertise

Led by Jocelyne Clerc, Partner, the Employment Law practice at ADER JOLIBOIS advises and represents companies and senior executives, both in preventing disputes and in litigation before French courts.

A Practical Understanding of Business Needs

Our experience across a wide range of industries enables us to provide practical and reliable legal solutions, taking into account the legal, economic and human dimensions of employment-related matters.

A Multidisciplinary Approach

Our Employment Law practice works closely with the firm’s other departments, particularly Corporate Law, Commercial Law and Tax Law, to provide coordinated legal advice on complex business matters.

Frequently Asked Questions – Dismissal under French Employment Law

What are the different types of dismissal under French employment law?

French employment law distinguishes between dismissal for personal reasons (licenciement pour motif personnel), which may be disciplinary or non-disciplinary, and dismissal for economic reasons (licenciement pour motif économique).

In all cases, dismissal must be based on a real and serious cause (cause réelle et sérieuse) and comply with the applicable legal procedures.

What are the consequences of dismissal for ordinary, serious or gross misconduct?

French employment law distinguishes three levels of misconduct:

• Ordinary misconduct (faute simple): the employee may be entitled to notice pay and statutory severance pay, subject to the applicable conditions.
• Serious misconduct (faute grave): the employee is generally not entitled to notice pay or statutory severance pay.
• Gross misconduct (faute lourde): this involves serious misconduct committed with the intention of harming the employer. It generally excludes notice pay and statutory severance pay.

In all three cases, accrued paid leave entitlements remain payable.

What are the main steps in a dismissal procedure in France?

For an individual dismissal on personal grounds, the procedure generally includes:

• A written invitation to a preliminary meeting (entretien préalable).
• A minimum period of five working days between receipt or first presentation of the invitation and the meeting.
• The preliminary meeting, during which the employer explains the reasons for the proposed dismissal and hears the employee’s explanations.
• Notification of dismissal by letter, no earlier than two working days after the meeting.

For disciplinary dismissals, notification must generally take place within one month of the preliminary meeting.

Different or additional rules may apply to economic dismissals and employees benefiting from special legal protection.

What are the consequences of dismissal without real and serious cause?

When a French employment tribunal (Conseil de prud’hommes) finds that a dismissal lacks real and serious cause, the employee may be awarded compensation, generally calculated according to statutory rules taking into account seniority and company size.

Different rules apply where a dismissal is declared null and void (licenciement nul), particularly in cases involving discrimination, harassment or infringement of fundamental rights.