French Labour Code
In forceThe cancellation of the validation decision mentioned in article L. 1233-57-2 or the homologation decision mentioned in article L. 1233-57-3 for a reason other than that mentioned in the last paragraph of this article and in the second paragraph of article L. 1235-10 shall give rise, subject to the agreement of the parties, to the reinstatement of the employee in the company, with retention of his acquired benefits.
Failing this, the employee is entitled to compensation payable by the employer, which may not be less than the last six months' salary. This compensation is due without prejudice to the redundancy compensation provided for in article L. 1234-9.
In the event of annulment of a validation decision referred to in article L. 1233-57-2 or approval decision referred to in article L. 1233-57-3 on the grounds that insufficient reasons were given, the administrative authority shall take a new decision giving sufficient reasons within fifteen days of notification of the decision to the administration. This decision shall be brought to the attention of the employees made redundant following the first decision to validate or approve, by the employer, by any means enabling this information to be dated with certainty.
Once the administrative authority has issued this new decision, the annulment of the first decision by the administrative authority on the sole grounds that it did not provide sufficient reasons has no impact on the validity of the dismissal and does not give rise to reinstatement or to the payment of compensation by the employer.
