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
-
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...
-
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...
-
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...
-
This month: Handling the mental health effects of COVID and Telework
Published on : 02/04/2021 02 April Apr 04 2021NewsNewsletter / Do’s and Dont’sFrance is now in its third Covid 19 wave. President Macron announced on 31 Ma...
-
This month: Handling the case of a sick employee
Published on : 19/01/2021 19 January Jan 01 2021NewsNewsletter / Do’s and Dont’sThe Covid-19 pandemic continues to rage on, causing dire human, social, and e...
-
This month: Economic dismissal related to the pandemic
Published on : 02/10/2020 02 October Oct 10 2020NewsNewsletter / Do’s and Dont’sCoronavirusAs we enter the third season of the pandemic, many businesses are feeling the...
-
This month: Opening back up your workspaces
Published on : 26/05/2020 26 May May 05 2020NewsNewsletter / Do’s and Dont’sA look at the major pitfalls in French Labor and Business law…and how to avoi...
-
DO’S & DON’TS | This month: Harassment claims
Published on : 12/02/2020 12 February Feb 02 2020Newsletter / Do’s and Dont’sA look at the major pitfalls in French Labor and Business law…and how to avoi...
-
Do’s & Don’ts | This month: Considering Secondment to France
Published on : 06/11/2019 06 November Nov 11 2019NewsNewsletter / Do’s and Dont’sA look at the major pitfalls in French Labor and Business law…and how to avoi...
-
Do’s & Don’ts | This month: Working time
Published on : 29/07/2019 29 July Jul 07 2019Newsletter / Do’s and Dont’sFrench law provides for a standard legal working time of 35 hours per week. T...