Article L1332-2 of the French Labour Code sets out the disciplinary procedure applicable to sanctions that affect the employment contract. Its scope is specific: invitation, meeting and notification. Each step is subject to deadlines, and failure to meet them may result in the sanction being overturned or the dismissal being reclassified.
Rescheduling the disciplinary meeting and calculating the one-month deadline
The maximum one-month period for notifying the employee of the sanction runs from the date set for the preliminary meeting. A key technical point was settled by the Court of Cassation on 22 January 2025: rescheduling the meeting does not extend the one-month deadline. The clock still starts on the originally scheduled date.
In practice, an employer who reschedules the meeting for two weeks later loses two weeks of the notification period. If the one-month deadline is exceeded, the sanction is late and may therefore be challenged before the employment tribunal.
This rule applies whether the employer or the employee requests the postponement. We recommend setting the new date as soon as possible and checking how many calendar days remain to notify the employee before rescheduling. For more details on Article L1332-2 of the French Labour Code, consulting the consolidated text is a useful first step.
Limitation period for misconduct: how Article L1332-4 relates to L1332-2
Before initiating the procedure under Article L1332-2, the employer must ensure that the two-month period for initiating disciplinary proceedings has not expired. Article L1332-4 sets this period from the day the employer became aware of the facts, not the date on which they occurred.
This distinction is crucial. If misconduct takes place in January but is discovered in March, the period starts in March. In the event of a dispute, the employer bears the burden of proving when they became aware of the facts.
One notable exception applies: if criminal proceedings are initiated in relation to the facts within the two-month period, the disciplinary limitation period is suspended. Otherwise, any invitation to a preliminary meeting sent after the period has expired makes the procedure irregular.
Invitation to the preliminary meeting: formal requirements and mandatory information
The invitation must be sent by registered letter with acknowledgment of receipt or delivered by hand against a signed receipt. It must include the following information, or the procedure may be deemed irregular:
- The purpose of the meeting, namely that a disciplinary sanction is being considered (there is no requirement to detail the alleged misconduct at this stage)
- The date, time and place of the meeting, allowing at least five working days between receipt of the invitation and the meeting
- The employee’s right to be accompanied by a person of their choice from within the company or, if the company has no employee representatives, by an external adviser listed by the prefecture
Omitting any of these details does not automatically invalidate the sanction, but it constitutes a procedural defect that the employee may raise before the employment tribunal.
Conduct of the meeting and sanctions subject to the enhanced procedure
A preliminary meeting is required only for sanctions that affect the employment contract: disciplinary suspension, demotion, disciplinary transfer or dismissal. A simple warning or reprimand that is not placed on the employee’s file does not require a meeting, unless the company rules or collective agreement provide otherwise.
During the meeting, the employer sets out the alleged misconduct and hears the employee’s explanation. The employee is not required to respond, and their silence cannot be held against them.
Precautionary suspension and disciplinary proceedings
A precautionary suspension is different from a disciplinary suspension. It is not a sanction, but an interim measure that removes the employee from the workplace while the procedure is underway. In September 2025, the Court of Cassation confirmed that this measure remains lawful as long as it genuinely precedes a disciplinary decision and investigations are ongoing.
If no sanction follows a precautionary suspension, the employee must receive the pay due for the period they were excluded from work.
Disciplinary proceedings during a probationary period: a common pitfall
As a rule, ending a probationary period is not subject to the formal requirements for dismissal. However, as soon as the employer cites disciplinary grounds to justify ending the probationary period, the procedure under Article L1332-2 applies in full. Every step must be followed: invitation, meeting and notification deadline.
We find that this situation is still underestimated. An employer who ends a probationary period and mentions misconduct in the termination letter risks having the termination reclassified as dismissal without real and serious cause if the disciplinary procedure was not followed.
Consequences of failing to follow the disciplinary procedure
The consequences of failing to follow the procedure set out in Article L1332-2 vary depending on the type of sanction imposed.
- For dismissal: a procedural irregularity entitles the employee to compensation of up to one month’s salary, separate from compensation for dismissal without real and serious cause if the grounds are also challenged
- For sanctions other than dismissal (demotion, disciplinary suspension or transfer): the employment tribunal may overturn the sanction and order the employee’s reinstatement in their previous role and at their previous pay
- The principle of non bis in idem prohibits punishing someone twice for the same facts. If a sanction is overturned for a procedural defect, the employer cannot restart the procedure in relation to the same facts
Company rules also act as a safeguard: the employer may impose only sanctions included in the list of sanctions they have established, except for dismissal, which remains possible regardless of that list.
The interaction between the deadlines under Article L1332-2 and the limitation period under Article L1332-4 is the key point to watch in any disciplinary procedure. Checking both timelines before sending the invitation is the best way to guard against an employment tribunal claim.
