France: End-Of-Contract Documentation Must be Provided Immediately in Case of Dismissal for Serious Misconduct

The French Supreme Court ruled that in case of dismissal for serious misconduct, the employer must provide the end-of-contract documentation (final pay slip, unemployment benefit form etc.) immediately after the termination is notified.

Under French law, employers are required to put the end-of-contract documentation at employees’ disposal, but employees are responsible for coming and collecting it, unless they were unable to do so (e.g. they were on sick leave) or if their employer decided to send it to them.

On September 30, 2025, the French Supreme Court ruling has clarified the fact that in case of a dismissal for serious misconduct that does not give rise to any notice period, such documentation needs to be made available immediately after the dismissal has been notified. Otherwise, the employee could claim damages.

Key Action Points for Human Resources and In-House Counsel

Ensure that you anticipate the preparation of the end-of-contract documentation so that you can finalize it as soon as you have the date of the first presentation of the dismissal letter by the postal services to the employee’s address. Also, ensure you clearly state in the dismissal letter if the employee needs to come and collect this documentation or if you will send it to them by post.