< lang="en" >Employment Lawyer Paris
Labor law lawyers France
Labor law lawyers France
Dismissal lawyer Paris
Employment Lawyer Paris
Labor law lawyers France
Lawyer dismissal Paris: Whatever the reason is for your dismissal (dismissal for misconduct redundancies…) lawyer intervenes to optimize your severance pay.
LAW FIRM PARIS FRANCE
Labour Lawyers (avocats droit du travail) FRANCE
Whatever the reason is for your dismissal(dismissal for misconduct redundancies …), the law firm Ngawa intervenes to optimize your severance pay.
The Ngawa firm intervenes before the Labour relations board to optimize the overall amount of your severance pay. Redundancy payment, compensation for contractual termination (negotiated redundancy) or compensation for unfair dismissal, the Cabinet Ngawa defends the interests of employees. Redundancy payments are amounts allocated to employees when the dismissal is considered unjustified, improper, irregular or without just cause by the courts.
Getting the largest possible amount of severance payment is the aim of Ngawa Law firm.
Maître Ngawa is highly qualified in that area, and from the first appointment, she will assess your chances of success, and the amount of severance pay you are likely to receive.
From the first appointment, you will know what your chances of success are.
The Ngawa law firms aims to gain significant redundancy payment for its customers.
The Ngawa law firm does everything within its power to make sure the total amount of severance payments assigned to you is really optimal, and so that the Labour relations board grants you everything requested by your lawyer.
- different compensation for unfair dismissal
- back pay
- unpaid hours
- refund legal fees
- The total of the several severance payments to be paid by the employer, the company or the liquidator of the company when it is in liquidation.
Labor law lawyer France Ngawa
Procedure Labour relations board
The proceedings before the Labour relations board takes place in two steps:
- The jugement
The employee and his employer are summoned to attend a conciliation hearing in front of the conciliation office (with their lawyer, but it is not mandatory).
Where the parties fail to be reconciled, the Labour relations board refers the case to the Office of judgment for a judgment hearing.
Duration of the proceedings before the Labour relations board.
The duration of the procedure is on average 6 months, it may be a little faster or much longer (over one year), depending on the Labour relations board
The Paris Labour board tries to set an example by trying to reduce the duration of the procedure but the time can be much longer in other Courts.
Invitation to a preliminary interview
The pre-dismissal interview is the first step in the dismissal procedure. The Cabinet Ngawa advise you before this interview.
The dismissal for personal reasons requires to convene the employee to a preliminary interview (Article L. 1232-2 of the Labour Code) and takes place prior dismissal interview (Article L. 1232-6 of the Code labour), and finally the notification of dismissal (Article L. 1232-6 of the Labour Code).
The employer is bound to convene the employee for a prior interview whatever the reason for dismissal is(serious misconduct, gross negligence, incompetence, inability due to an accident, medical inability …).
The invitation to the prior interview is a registered letter, or delivered by hand against receipt.
It must inform you about the possibility of a dismissal, the reason for the interview date (even for a sick leave), time and place of the preliminary interview, and the opportunity to be assisted by an employee advisor, a colleague, a staff representative, a member of the work council. The advisor of the employee, which is an employee called to attend at the interview prior to his dismissal, must prove their status to the employer.
Labor law lawyer France Paris 8
Maître Ngawa advises you prior to pre-dismissal interview.
Any failure of the employer to discharge one or several of his duties may be the subject of an application for damages before the Labour relations board.
For more information, you can send a message or contact the firm 06.68.57.01.02
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Abusive or without just cause dismissal
If the dismissal is unfair, the employer will be summonded to compensate the damage caused to the employee.
The dismissal must be notified through a registered letter with acknowledgment of receipt. The failure to send a letter “recommended with acknowledgment of receipt” may lead to qualify the dismissal of an unfair dissmissal.
The reason for the dismissal
A dismissal is unfair or without just cause, depending on the reason set out in the dismissal letter. The statement must precisely say what this reason is, otherwise the dismissal will be considered to be without a just cause.
Are the allegations true?
The dismissal may also be regarded as an unfair dismissal even when there is a precise reason for dismissal, if it’s based on doubtful facts or if the facts are not serious enough to justify a dismissal.
The Ngawa Law Firm regularly demonstrates that the reasons for dismissal are not consistent, plausible, that the certificates can’t be considered (certificate of family members of the employer, certificate of another employee who has fear of losing his job in turn …) or that the facts alleged are not sufficient to justify dismissal.
Invalid reason for dismissal:
Sometimes the dismissal is unfair because its reason is not legal; it is particularly the case when the employee is dismissed because he refuses to break the law (eg breach of the Highway Code heavyweight) or if the reason for dismissal is not legitimate (dismissal for accident or occupational disease).
When the employer acts as if his employee was dismissed without having followed severance procedure (refusal to give work to ihis employee, sending him home, saying that he doesn’t wants to see them…), the employee can take note of the termination of the employment contract, and make a request for judicial termination in front of the Labour relations board. When the Board finds that the employer’s misconduct have justified the severance then the employee will take note of the termination of the employment contract or make a request for judicial termination of the contrat. When the Board finds that the employer’s misconduct justified the termination, allowances will be the same as for unfair dismissal (severance pay).
The Ngawa firm demonstrates in front the Labour relations board, that the dismissal is unfair or without just cause, so that the employer is summonded to pay severance fees.
To assess the amount of severance fees, the Labour court takes into account the employee’s seniority, the circumstances of the dismissal, and of course the arguments of your lawyer!
The compliance with the dismissal procedure
The dismissal is illegal when the employer has not complied with the procedural rules set by the Labour Code (convocation, preliminary interview, period etc.) In such cases, compensation will be decided depending on the damage caused.
In the case of a collective dismissal, breach of the consultation procedure with staff representatives and Information Administration may also give you right to a compensation set by the judge. Similarly, in case of non-compliance with the priority of rehiring provided in case of dismissal for economic reasons, a no-less than two months’ salary compensation may be granted.
Failure to follow the order of dismissal criteria for economic reasons (age, family responsibilities, disability …) involves damages to the dismissed employee instead of another.
When a disciplinary dismissal procedure is subject to the implementation of a conventional procedure, the ignorance of the conventional procedure can make the dismissal without real and serious cause.
When a dismissal occurred while the collective redundancy procedure is illegal due to the lack of a social guarantees, the Labour Court Council may declare the dismissal void.
Dismissal is also void when it was pronounced during a period of work cessation following an industrial accident or an occupational disease.
A dismissal is void if its pronounced because of the employee’s religious opinions, his appeartenance to an union, for discrimination, moral harassment, sexual harassment.
The dismissal of protected employee, staff representative, union representative, a member of the works council, a member of the CHSCT, labor court counselor … may be void or canceled in certain situations where the termination did not occur with the authorization of the labor inspector.
Another frequent unfair dismissal
The business transfert involves the transfert of employment contracts; dismissals happening during that transfert are questionable. In general, new employers wait for a few months after the recovery or the transfert of the company to dismiss employees. The Cabinet Ngawa demonstrate the link with the recent transfert before the Labour relations board.
Dismissal for personal reasons
The Ngawa firm acts in front of the Labour relation board, so that the judge qualifies your unfair dismissal of a dismissal without a just cause.
Dismissal for disciplinary staff pattern must finds its source in a just cause, ie an established, objective and accurate cause, and serious unit resulting from a fact which makes the cause established, objective, accurate and serious unit resulting from a fact which makes impossible without damage the continuation of the employment contract. The Labour judge must appreciate the real and serious nature of the reasons given by the employer.
The main reasons for dismissal are: dismissal for incompetence, dismissal for loss of confidence in the employee, dismissal for incompatibility, dismissal for illness, dismissal for incapacity, dismissal for refusal of an admendment to an employment contract.
An employee dismissed for a just cause receives a severance payment if he has at least one year of seniority in lieu of notice, and the balance paid leave.
When there is dismissal for serious misconduct (serious misconduct result of a breach of obligations under the employment contract or labor relations of such importance that it makes it impossible to maintain the employee in the company), the employee receives no severance pay, nor lieu of notice. (only the balance of its paid leave).
When there is dismissal for gross negligence to punish behavior of exceptional gravity revealing an intent to harm the employer or the business, the employee dismissed for gross misconduct will not receive compensation (severance pay, severance pay, paid leave balance).
The disciplinary grounds relied upon dismissal (dismissal for serious misconduct, dismissal for gross misconduct) may be unjustified absences, delays, unfair competition, insubordination, insults, drunkenness, threats, theft…
The non-disciplinary personal reasons
Even when there isn’t any fault from the employee, certain facts inherent to their person can make it impossible to maintain them in the company. (Repeated or extended sickness absence, physical incapacity, professional incompetence.)
Where there are non-disciplinary personal reasons, the employer must grant a severance pay (if less than one year of seniority), in lieu of notice, and the balance paid leave.
The dismissal on economic grounds (economic difficulties or technological changes) must be made by the employer for one or more reasons not related to the individual worker, resulting from job cuts, a job transformation, a refusal by the employee of the modification of an essential element of the employment contract.
Any dismissal (redundancy, disciplinary dismissal or not disciplinary staff dismissal), should be based on a real and serious cause. If the judge finds that this condition is not met, the employer may be ordered by the Labour relations board to pay damages to the employee victim of unfair dismissal.
Employees who experience a layoff can best prepare their case, with the assistance of Maître Ngawa, the file will be well argued and submitted favorably to the discretion of the Labour judge.
The dismissal for personal reasons must be justified by the employer.
Therefore, dismissal for serious misconduct, dismissal for gross negligence, abandonment of post and dismissal for incompetence, often lead to a re-qualification by the Labour Court Board.
To reach this goal, the Cabinet Ngawa demonstrates to Labour relations board that the reason for dismissal is not justified or that the severity of the misconduct should not justify the dismissal of the type alleged by the employer.
The Ngawa lawyer firm can challenge your verbal dismissal (unfair dismissal) to obtain a dismissal without just cause.
The Article L. 1232-6 of the Labour Code states that where the employer decides to dismiss an employee, he shall notify his decision by registered letter with acknowledgment of receipt.
This letter includes the statement with the reason given by the employer.
It can only be sent within two business days after the date of the pre-dismissal interview.
The social chamber of the Court of Cassation keeps stating that “dismissal proceedings is necessarily without real and serious cause” social Cassation RJS 2/03 12 November 2002 No. 175
The Labour Code imposes for the dismissal letter to be based upon serious motivation; therefore, dismissal proceedings is irregular.