Invitation to a preliminary meeting: what to do?
Advice from ALEBA
- Make sure to be assisted by a Staff Delegate or any other person working in the Company during the preliminary meeting.
This person will be your witness and must take notes of the reasons, as the Employer will not be able to invoke new grounds at a later stage in the event of termination.
- Try to stay calm
Your Employer will probably criticize you; answer politely and remain calm.
- Be careful what you say!
You have the right to challenge the reasons during the interview, but you must then be aware that anything you say at that time may be used against you later. So be very careful what you say both in substance and in form. When in doubt, we advise you not to say anything.
- Do not sign any documents!
- Your Employer may ask you to sign documents. You do not have to sign immediately. We advise you to take your time to read them carefully and, if necessary, to call upon our services if you have any doubt or question.
- The sole document you can sign during the preliminary meeting is the dispense to work (garden leave).
- Do you have to work during the notice period or not?
- If you are required to work during the notice period, you must continue to come to work until the end of the notice period.
- If you are dispensed to work during the notice period (even partially), oral information is not sufficient. This must be notified in writing and is the only document you must sign (see above). It is preferable that the exact dates of the dispense of work is mentioned to avoid misunderstandings.
Finally, we remind you that the invitation to the preliminary meeting is not yet a termination. Dismissal may only take place at the earliest on the day after the preliminary meeting and within a period of 8 days.
ALEBA is at your disposal to answer any questions and supports you throughout the process. Contact us by calling (+352) 223 228-1 (10-12 am and 2-4 pm) or by sending an email to email@example.com.
Art. L. 124-2. of the Labour code
Law of 23 July 2015)
« (1) When an Employer employing at least 150 Employees intends to terminate an Employee, he must, before any decision is taken, invite the person concerned by registered letter or in writing duly certified by a receipt indicating the purpose of the invitation and the date, time and place of the meeting. A copy of the invitation letter must be addressed to the Staff Delegation. »
The letter, or the written invitation to a preliminary meeting must inform the Employee that he has the right to be assisted during this meeting by an Employee of his choice who is Employed in the same Company, or by a representative of a nationally represented Trade Union organisation, represented within the Company’s Staff Delegation.
The date of the preliminary meeting may be fixed at the earliest on the second working day following the day on which the registered letter or receipt of the written document referred to in the first paragraph (1) of this document was sent.
2) During the interview, the Employer or his representative must indicate the reason(s) for the proposed decision and obtain the Employee’s explanations and the comments of the person assisting him.
The Employer or his representative has the right to be assisted during the meeting by a Staff Member or a representative from a professional Employers’ organisation, provided that the Employee was informed in the invitation letter for the preliminary meeting.
3) Dismissal with notice or for gross misconduct (« faute grave ») must be notified at the earliest on the next day following the preliminary meeting, and at the latest 8 days after that date.
If the Employee duly invited to a preliminary meeting does not show up, the dismissal may be notified at the earliest on the day following that fixed for the preliminary meeting and at the latest eight days after the day fixed for the meeting.
(4) Any dismissal notified without observing the procedure laid down in this Article is irregular on grounds of procedural error.
(1) In the Bank-CLA, the minimum number of Employees required to invite the Employee for the preliminary meeting is 100.
In the Insurance-CLA, prior maintenance is mandatory regardless of the number of Employees.
(2) Both CLA’s provide that the day of the preliminary meeting may be fixed at the earliest on the fourth working day following the sending date of the registered letter or the date of in-hands delivery against receipt of the written document.