Articles L.1225-4 and L. 1225-5 of the French labour code set forth that when an employer wishes to dismiss a pregnant employee, it must justify of a real and serious ground that can be either a gross misconduct (“faute grave”) or an impossibility to continue the employment contract.
In this respect, on March 21st, 2008, the French Supreme Court (“Cour de cassation”) considered that the dismissal of a pregnant woman for an economic ground does not characterize an impossibility to continue the employment contract.
In other words, the employer can only dismiss a pregnant woman for only two causes: a gross misconduct (“faute grave”) or an impossibility to continue the contract of employment;
In the above case, the employer enunciated only economics grounds for the dismissal without justifying why such cause makes the continuation of the employment impossible.
In conclusion, the employer who wants dismiss a pregnant woman for an economic cause must abandon, if not the company risks the cancellation of the dismissal and the reinstatement of the employee.
Frédéric CHHUM avocat à la Cour
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