France: Post-Trial Period Termination is Considered Dismissal Without Cause Even if the Employer Had Good Reasons to End the Employment Contract

Under French law, other parties can terminate an employment contract during the trial period without having to explain why, subject to respecting the necessary notice. There are no formal obligations on how the decision to terminate must be communicated.

After the expiry of the trial period, the rules are different and a specific procedure must be followed, which involves inviting the employee to a pre-dismissal meeting and waiting at least 48 hours before notifying the termination by registered postal mail.

In this case, the employer had sent an email explaining to the employee why he was being dismissed. Notifying the termination by email was not held to be sufficient by the French Supreme Court, who also confirmed that the reasons set out in the email could not be considered to decide if the termination was justified.

Key Action Points for Human Resources and In-House Counsel

Ensure you monitor the duration of trial periods to be able to terminate the employment contract, if necessary, before it expires.

In case of terminating a contract after the end of the trial period, ensure you respect the legally required dismissal procedure scrupulously, i.e., pre-dismissal meeting, waiting period, sending the dismissal letter by registered postal mail, and setting out all the reasons justifying the dismissal in the letter.