Our previous article on redundancies highlighted the obligation to offer employees a “contrat de sécurisation professionnelle” (CSP). However, where a pregnant employee is concerned, particular attention must be paid to the justification for dismissal.
In the event of redundancy, employees are obliged to be offered a Contrat de Securisation Professionnelle (CSP). However, particular attention is required when a pregnant employee is concerned.
⏰ An important reminder: Dismissal of a pregnant employee is prohibited, except in cases of gross misconduct or if the position cannot be maintained for reasons unrelated to the pregnancy. Otherwise, breach of contract is considered null and void.
The Cour de cassation (French Supreme Court) points out that the employee’s acceptance of the CSP does not alter this rule. Even in this context, the employer must justify the economic dismissal by demonstrating that maintaining the position is impossible for reasons other than pregnancy.
According to established case law, the existence of an economic reason is not sufficient to justify the termination of an employee’s employment contract during pregnancy.
Also: when the employee concerned is pregnant, the letter of dismissal must indicate the economic reason for dismissal (1) and also justify the impossibility of maintaining the employment contract (2), which must necessarily be unrelated to the pregnancy.
If the two grounds are not included, the termination of the employment contract will be null and void. As a result, the employee will be entitled to claim damages representing at least 6 months’ salary.
⚠ Important: This principle applies in the same way to protected employees in the event of an industrial accident. CSP must not be used as a loophole to circumvent legal protections against dismissal.
In other words, as soon as an employee benefits from protection against dismissal, particular attention must be paid to the grounds for dismissal, whatever the terms of the dismissal: in this case, the conclusion of a CSP is not sufficient to justify the dismissal of a sick employee or a pregnant employee.
We strongly advise you to be vigilant if you are planning to dismiss employees who benefit from special protection under legal provisions.
Naturally, DESRUMAUX AVOCATS will be happy to assist you with your dismissal procedures.
