French Labour Code
In forceThe reasons set out in the letter of dismissal provided for in articles L. 1232-6, L. 1233-16 and L. 1233-42 may, after notification thereof, be specified by the employer, either on its own initiative or at the request of the employee, within the time limits and under the conditions set by decree of the Conseil d'Etat.
The letter of dismissal, specified where applicable by the employer, sets the limits of the dispute as regards the grounds for dismissal.
If the employee has not made a request to the employer in application of the first paragraph, the irregularity constituted by an insufficient statement of reasons in the letter of dismissal does not, in itself, deprive the dismissal of real and serious cause and gives rise to a right to compensation which may not exceed one month's salary.
If there is no real and serious cause for the dismissal, the loss resulting from the failure to give proper reasons for the letter of termination is compensated by the indemnity awarded in accordance with the provisions ofArticle L. 1235-3.
Where an irregularity has been committed during the procedure, in particular if an employee is dismissed without the procedure required by Articles L. 1232-2, L. 1232-3, L. 1232-4, L. 1233-11, L. 1233-12 and L. 1233-13 have been observed or without the conventional or statutory procedure for consultation prior to dismissal having been respected, but for a real and serious reason, the judge shall award the employee, at the employer's expense, compensation which may not exceed one month's salary.
