French Public Health Code
In forceWithout prejudice to the provisions relating to dismissal for disciplinary misconduct or professional inadequacy mentioned in articles R. 6152-370 and R. 6152-372, the dismissal of a practitioner with an open-ended contract and the early termination of the contract of a practitioner recruited for a fixed term must be justified by one of the following reasons:
1° The elimination of the need or the post which justified the recruitment of the practitioner;
2° The transformation of the need or the post which justified the recruitment, when the adaptation of the practitioner to the new need is not possible;
3° The recruitment of a permanent practitioner when a permanent post becomes vacant;
4° The refusal by the practitioner of a modification of a substantial element of the contract proposed under the conditions provided for in article R. 6152-379.
Dismissal or early termination of a fixed-term contract at the initiative of the employer for one of the reasons provided for in 1° to 4° may only be pronounced when the practitioner does not request to be reclassified or when reclassification in another job of the same nature is not possible. Dismissal or early termination of contract may only take place following a preliminary interview.
The practitioner is summoned to the preliminary interview by any means that confers a certain date, indicating the purpose of the summons and specifying the reason(s) for the dismissal or early termination of the contract, and the date on which they are to take place, taking into account the remaining annual leave entitlements and the period of notice provided for in article R. 6152-346. The notice invites the person concerned to submit a written request for redeployment, within a period corresponding to half the notice period, and indicates the conditions under which redeployment offers are likely to be made.
The preliminary interview may not take place less than five working days after presentation of the registered letter or hand-delivery of the letter convening the interview. The practitioner may be accompanied by a person or persons of his choice.
During the preliminary interview, the administration will remind the practitioner of the reasons for the dismissal or early termination of the contract and, where applicable, the period during which the practitioner must submit his written request for redeployment, as well as the conditions under which redeployment offers are presented.
