Notice period and dismissal in France: what a UK employer must know
In short
- After probation, a French dismissal needs a real and serious cause and a written procedure, from the first day.
- Legal notice is 1 month after 6 months of service and 2 months after 2 years; severance starts at 8 months of service.
- The rupture conventionnelle (mutual termination) is the usual way to part on agreed terms.
In France you cannot end a permanent contract at will once the probation period is over. You need a real and serious reason, you must invite the employee to a prior interview, send a reasoned letter, then respect a notice period and pay severance. In the UK, an employee needs a qualifying period before they can claim unfair dismissal; in France, protection starts at the end of probation.
What notice must I give in France?
| Continuous service | France: legal minimum (L1234-1) | UK: statutory minimum |
|---|---|---|
| Less than 1 month | Collective agreement or custom | None |
| 1 month to 6 months | Collective agreement or custom | 1 week |
| 6 months to 2 years | 1 month | 1 week (2 weeks from 2 years) |
| 2 years or more | 2 months | 1 week per full year, up to 12 weeks |
Sources: Code du travail, article L1234-1 (code.travail.gouv.fr); GOV.UK, Dismissal: your rights; both checked 21 October 2026. A collective agreement or the contract can set longer notice in France, never shorter. Next check: January 2027.
If you release the employee from working the notice, you still pay it: the compensation in lieu equals the salary and benefits they would have received, commission included (L1234-5). For a salesperson, that means estimating the variable they would have earned.
What is the dismissal procedure?
- Invitation to a prior interview by registered letter or hand delivery. The interview cannot take place less than 5 working days after the employee receives it (L1232-2).
- Prior interview: you explain the reasons and listen to the employee, who can be assisted.
- Dismissal letter, stating the reasons, sent no earlier than 2 working days after the interview (L1232-6).
- Notice period, worked or paid, then final documents and payments.
The reasons stated in the letter frame any later dispute. A vague letter is one of the most common ways employers lose in front of the labour court (conseil de prud'hommes).
How much severance do I owe?
The legal severance (indemnité de licenciement) is due after 8 months of continuous service, except for gross misconduct (L1234-9). It is at least one quarter of a month's salary per year of service up to 10 years, then one third of a month per year beyond 10 years (R1234-2). The reference salary is the more favourable of the monthly average over the last 12 months or over the last 3 months, with annual or exceptional bonuses counted pro rata (R1234-4), so commission earned counts. Your collective agreement may set a higher amount.
Example from the formula: a salesperson with 4 years of service and an average monthly gross pay of 4,000 euros receives at least 4 × 0.25 × 4,000 = 4,000 euros.
What if the employee challenges the dismissal?
If the labour court finds no real and serious cause, it awards damages within a scale set by L1235-3, expressed in months of gross salary:
| Years of service | Minimum (11 staff or more) | Maximum |
|---|---|---|
| Less than 1 | None | 1 month |
| 1 | 1 month | 2 months |
| 2 | 3 months | 3.5 months |
| 10 | 3 months | 10 months |
| 30 or more | 3 months | 20 months |
Source: Code du travail, article L1235-3 (code.travail.gouv.fr), checked 21 October 2026. Companies with fewer than 11 employees have lower minimums. The awards come on top of severance and notice. Next check: January 2027.
What is a rupture conventionnelle?
A mutual termination of the CDI (L1237-11). Employer and employee meet, agree on the end date and an amount at least equal to the legal severance, and sign a form. Each side then has 15 calendar days to withdraw (L1237-13), after which the form goes to the labour administration, which has 15 working days to approve it; silence means approval (L1237-14). The employee keeps the right to unemployment benefit, which is why it is widely used. Allow around five to six weeks from first meeting to end date.
How does this compare with the UK?
| France | United Kingdom | |
|---|---|---|
| Protection starts | At the end of probation | After 2 years for unfair dismissal; 6 months for dismissals from 1 January 2027 |
| Procedure | Set by the Labour Code (interview, delays, reasoned letter) | No specific process required by law, as long as the dismissal is fair |
| Severance on an individual dismissal | Legal severance from 8 months of service, whatever the reason except gross misconduct | Statutory redundancy pay only for redundancy, after 2 years |
| Mutual exit | Rupture conventionnelle, approved by the administration | Settlement agreement |
Sources: Code du travail articles cited; GOV.UK, Dismissal: your rights, Dismissing staff, Redundancy: your rights and Employment Rights Act timeline update of 14 October 2026; all checked 21 October 2026.
The lesson for a UK company: the cheapest way to avoid a French dismissal is a good hire and a well-used probation period. That is why we interview each candidate twice and include a replacement during probation when we recruit sales staff in France for you. Read the full guide to hiring sales staff in France for the other employer obligations.
What we cannot tell you
- The notice period and severance in your collective agreement: many agreements set three months of notice for executives and higher severance than the law, but this varies by sector.
- The outcome of a dispute: the labour court scale (L1235-3) gives minimum and maximum awards, but where a judge lands inside it depends on the facts, and the scale does not apply to dismissals found void (discrimination, harassment, for instance).
- The cost of a collective redundancy procedure, which follows separate rules beyond the scope of this guide.
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What is the notice period in France?
For a dismissal, the legal minimum is one month after 6 months of continuous service and two months after 2 years (Code du travail, article L1234-1). Under 6 months, notice is set by the collective agreement or local custom. Collective agreements often set longer notice for executives, so always check yours.
Can you dismiss an employee without a reason in France?
No. Once the probation period is over, dismissal of a CDI employee needs a real and serious cause, a written procedure with a prior interview, and a reasoned letter. Ending the probation period itself does not require a reason.
How much severance do you pay in France?
After 8 months of continuous service, the legal severance is at least one quarter of a month's salary per year of service for the first 10 years, and one third of a month per year beyond (L1234-9 and R1234-2). It is not owed for gross misconduct. Collective agreements can be more generous.
What is a rupture conventionnelle?
A mutual termination of a CDI agreed by employer and employee. Each side has 15 calendar days to withdraw after signing, then the labour administration has 15 working days to approve it (L1237-13 and L1237-14). The employee receives at least the legal severance and can claim unemployment benefit.
Sources and method
Every rule, rate and amount on this page was checked at the source on the date shown. I update the page when a source changes.
- Code du travail (code.travail.gouv.fr): L1232-2, L1232-6, L1234-1, L1234-5, L1234-9, R1234-2, R1234-4, L1235-3, L1237-11, L1237-13, L1237-14, checked 21 October 2026
- GOV.UK, Handing in your notice / Dismissal: your rights (statutory notice), checked 21 October 2026
- GOV.UK, Dismissing staff (procedure, settlement agreements), checked 21 October 2026
- GOV.UK, Redundancy: your rights (statutory redundancy pay), checked 21 October 2026
- GOV.UK, Employment Rights Act timeline update (unfair dismissal qualifying period), checked 21 October 2026. Updated 14 October 2026
Olivier Niel, Founder and Managing Director, Eagle Rocket
Olivier founded Eagle Rocket in 2020, a sales recruitment firm on a human scale. The firm works for a single fixed fee paid on success, and holds two in-depth interviews with each candidate before presenting them to a client.
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Rules and figures are checked against official French and UK sources (service-public.gouv.fr, the French Labour Code, URSSAF, gov.uk) on the date shown. Published by Eagle Rocket SARL (RCS Évreux 883 581 803). This guide is general information, not legal advice.