Question 26823 — work

Summary

Mrs Perrine Goulet questions the Minister of Labor on the criteria for dismissing a protected employee. Under articles L. 2411-1 and L. 2411-2 of the labor code, protected employees cannot be dismissed without authorization from the labor inspectorate. If such an employee finds himself in an accident situation whose consequences on his state of health constitute an “obstacle to any reclassification in a job”, what are the criteria? retained in order to determine the authorization, or not, issued by the labor inspectorate to carry out a dismissal? Furthermore, practice shows that an employee recognized as unfit nevertheless remains able to stand as a candidate for the election of staff representatives. If we consider that to best represent employees, it is necessary to be close to one's colleagues, it is surprising that an employee in a situation of incapacity medical, and therefore potentially outside the company's workforce, can run for office, be elected and fulfill their mandate. Therefore, she thanks her for sharing her opinions and guidance on the matter to clarify this issue.

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