Dismissal: what is an employee advisor?
Verified 03 March 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)
In companies where there is no staff representative, an employee called for an interview prior to dismissal may be assist by an advisor to the employee. The employee may also be assisted during the interview(s) with a view to negotiating a contractual break. The employee's advisor is a person outside the company. We're taking a look at the regulations.
The role of the employee's advisor is limited to the function of assistance and advice.
He cannot represent the employee if the latter is absent during the interview.
He does not take steps in the place of the employee.
The employee's advisor may, during the prior interview:
- Intervene
- Ask the employer for an explanation
- Complete the employee's comments
- Make submissions.
Please note
The employee's advisor is subject to professional secrecy and has an obligation of discretion regarding confidential information that he or she becomes aware of.
The employee's advisor is on a list set out in each department by the prefect. The list is reviewed every 3 years and can be completed at any time.
The employee's advisors are chosen on the basis of their experience in the company world, relations between employers and employees, and a real knowledge of labor law.
The employee's advisor intervenes only in the department in which he is appointed.
The choice of the employee's advisor depends on the location of the preliminary interview.
This place may therefore be in a different department from that of the employee's place of work.
Example :
The employee's place of work is in the department of Moselle, but the preliminary interview is held at the headquarters of the company in the Meuse. In this case, the employee will have to choose an advisor of the employee registered on the list of the department of Meuse.
The list shall include the names, addresses, professions and any trade union membership of the councilors.
The list of advisors of the employee can be consulted in the following places:
- Labor inspection on which the company depends
- Town halls of the department.
It can also be consulted on the websites of the prefecture and the Dreets: titleContent.
The employee contacts the advisor of his choice on the list drawn up by the prefect.
He communicates the date, time and place of the interview.
The chosen advisor informs the employee of his participation in the interview. In case of unavailability, the employee can choose another advisor.
Warning
The absence or delay of the employee's advisor does not require the employer to postpone the interview.
The employee's advisor intervenes free of charge at the request of the employee at the time of prior maintenance dismissal or maintenance with a view to negotiating a treaty break.
Yes, the employee informs the employer, before the interview, the presence of the employee's advisor.
NoHowever, the employer cannot oppose the presence of the employee's advisor during the interview.
The employee's advisor can justify his position by presenting a copy of the prefectural decree appointing him.
Please note
An employer who prevents an employee's advisor from carrying out his mission may be sentenced to 1 year's imprisonment and €3,750 of a fine.
No, the employee's advisor has not the obligation write a document at the end of the pre-interview.
He may, at the request of the employee he is assisting or in agreement with all participants, draw up a document testifying to the course and content of the prior interview.
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The informants who answer you belong to the ministry in charge of labor.
Role and choice of employee advisor, obligations and guarantees for the employee advisor
Penalties for non-compliance with the status of employee's advisor
Prior interview and advisor to the employee
Establishment of the list of advisers of the employee, guarantees for the advisor of the employee
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Ministry of Labor