Dismissal of a staff representative
Verified 11 March 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)
The employee having representative functions in the company benefits special protection against dismissalYeah, they say he is protected employee. In addition to the usual procedure that differs according to the reason, the dismissal is subject to the prior authorization of the labor inspector. What procedure should the employer follow? We present you the information to know.
Step-by-step approach
An employer who intends to dismiss a staff representative, who is a protected employee, must summon him to an interview prior to dismissal.
Summons of the employee
This summons is made by letter RAR: titleContent or by hand-delivered letter against discharge.
The letter of invitation must state the following:
- Purpose of the interview between the employee and the employer (or any person belonging to the company with delegation of power)
- Date, time and location of the interview (workplace or company headquarters)
- Possibility for the employee to benefit from assistance during the interview by an employee belonging to the company (staff representative or not).
Compliance with a time limit between the sending of the summons and the prior interview
The employer must meet a deadline minimum from 5 working days between the presentation of the letter RAR: titleContent or hand-delivery against discharge and the date of the interview.
The day of the 1re presentation or hand delivery of the letter to the employee and the day of the interview do not count within the 5 working days.
Example :
An employee works from Monday to Friday and has his weekly rest on Sunday. There is no public holiday during the week.
If the 1re presentation of the letter takes place on tuesday, the interview may take place no earlier than Tuesday of the following week. Saturday being a working day, it counts within 5 days.
If the delay ends one Saturday, one sunday, one public holiday or unemployed, it shall be extended until the following working day (for example, if the deadline ends on Monday 1er May, it ends on Tuesday).
Please note
In the event of serious misconduct, the employer may order the conservatory lay-off of the employee. Where such action is taken in respect of a shop steward or a representative of the union section, it must be argued and notified to the labor inspector within 48 hours of its taking effect.
Conduct of pre-interview
The employer (or his representative) receives the employee and the person who may assist him. It shall explain the reasons for the decision envisaged and shall obtain its explanations.
Please note
The employee is not obliged to attend the interview beforehand. His absence cannot be blamed. The employer may continue the dismissal procedure if the employee is absent on the day of the interview.
Consultation of the CSE: titleContent must take place after the preliminary interview.
The procedure varies depending on the number of employees in the company:
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Less than 50 employees
The CSE: titleContent does not have to be consulted. One collective agreement may, however, provide for such consultation.
50 or more employees
The employer must consult the CSE: titleContent if the proposed dismissal concerns one of the following staff representatives:
- Member (incumbent or alternate) elected to the ESC delegation
- Trade union representative at the CSE
- Proximity representative.
Before taking any decision, the ESC shall hear the protected employee concerned.
The employee must be summoned to this hearing. Otherwise, the opinion of the EESC is not valid.
The law does not provide for a specific time limit for summoning. The employer must ensure that the employee has sufficient time to prepare.
After hearing the employee, the CSE deliberates and delivers its opinion by secret ballot. The employer does not participate in the CSE vote, but the employee concerned can vote if he is a member of the CSE.
Where a company does not have an ESC, the application for a dismissal authorization shall be sent directly to the labor inspector after the preliminary interview.
Please note
In case of conservatory lay-off of a member of the delegation of the CSE and a trade union representative to the CSE, the employer must consult the CSE within 10 days from the beginning of the lay-off.
Application for authorization to dismiss
The employer must request authorization to dismiss the protected employee from the labor inspector on whose behalf he or she depends the establishment in which the employee is employed.
This request is addressed to him in the 15 days following the deliberation of CSE: titleContent, by letter RAR: titleContent in 2 copies or via the Ministry of Labor portal where an ESC consultation is required:
Portal of the procedures under the Ministry of Labor
Please note
In the event that the ESC is to be consulted, the minutes of the ESC meeting must be attached to the request.
In case of conservatory lay-off, the application for authorization to dismiss shall be forwarded to the labor inspectorate within 8 days, or 48 hours where an ESC consultation is required.
Contradictory investigation
Before making a decision, the inspector must conduct an "adversarial" investigation.
He personally and individually interviews the employee and the employer. It collects the arguments and explanations of each.
The employee is informed of all the documents produced by the employer to justify the dismissal.
During the investigation, the employee may, at his request, be assisted by a representative of his union.
The labor inspector makes his decision in the 2 months which follow the date of receipt of the application for authorization to dismiss.
Decision of the Labor Inspector
The inspector's decision shall be reasoned and communicated to the following persons by letter RAR: titleContent :
- Employer
- Employee
- Trade union organization of the employee (if he is a trade union delegate or representative).
The continuation of the procedure depends on the decision of the labor inspector:
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Labor inspector refuses dismissal
The employer cannot break the employment contract of the employee.
The protected employee must be maintained in his professional activity and employment under the previous conditions and receive his salary.
Please note
In the case of a conservatory lay-off, the measure is canceled and its effects removed. The employee must receive his full salary during the period between the dismissal and the refusal decision.
Labor inspector authorizes dismissal
The employer can then continue the procedure.
Lack of response from labor inspector
The absence of a response from the labor inspector during 2 months worth denial (implied rejection decision).
The employer cannot break the employee's employment contract.
The protected employee must be maintained in his professional activity and employment under the previous conditions and receive his salary.
Please note
In the case of a conservatory lay-off, the measure is canceled and its effects removed. The employee must receive his full salary during the period between the dismissal and the refusal decision.
After obtaining the dismissal authorization from the labor inspector, the employer may notify dismissal under the usual procedure for personal reason or economic motive.
The decision of the labor inspector may be challenged by the employer or the employee, in a 2 months delay, by:
- Hierarchical recourse to the Minister of Labor
- Remedies litigation before the administrative tribunal to which the company or establishment is subject.
It must be trained within 2 months of one of the following events:
- Notification of the explicit decision of the labor inspector
- Implied decision to reject of the labor inspector resulting from his silence for 2 months.
The appeal is not suspensive: the decision of the labor inspector applies until the decision of the minister or the court.
Thus, in the event of authorization of dismissal by the labor inspector, the employer may pronounce the dismissal, without waiting for the outcome of the employee's appeal. However, he takes the risk of having to reinstate the employee if this authorization is canceled.
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Procedure applicable in the event of dismissal
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