What is this “protected worker” status that prevented Guillaume Meurice from being dismissed?

On October 29, 42-year-old comedian Benjamin Netanyahu compared to a “Nazi without foreskin“. LIONEL BONAVENTURE / EPISODE

Heavily criticized after the broadcast of his sketch in which he compared Israeli Prime Minister Benjamin Netanyahu to a “Nazi without foreskin» the comedian eventually received a simple warning. And this is due to the typical employment law protections.

If the question of Guillaume Meurice’s dismissal had arisen, Radio France’s management would not really have had a choice. The comedian has been benefiting from the status of protected employee for several months. According to our information, he appeared on the SUD list at the last professional elections of personnel representatives and would therefore be untouchable for the time being. As such, he would benefit from protection under the Labor Code, which applies for varying durations depending on the mandates. Who can benefit from this and under what conditions?

Every employeeto have representative positions within the company benefits from special protection against dismissal», recalls the official website of the French government, which emphasizes that “In addition to the usual dismissal procedure, prior permission from the labor inspector is required for dismissal“. In concrete terms, any employee only needs to have been a candidate in a professional election, be the holder or former holder of a staff representation mandate to be eligible for this dismissal protection. The company doctor also enjoys specific protection, in particular upon termination of his indefinite contract. duration due to dismissal or in the context of the conventional termination procedure (individual or collective), or upon termination or non-renewal of his fixed-term contract.

Other employees may also benefit from these protections under a mandate outside the company,”the existence of which may not be known to the employer“. A special statute that may apply in particular to, for example, members of the board or manager of a social security fund, to members of the board of directors of a mutual insurance society, trade union or federation.

Protection applies from 6 months to a year

But there is no question of this protection being abused for too long, as it only applies for a period of six months to former employee representatives, former elected officials of the works council and former trade union representatives who have held their mandate for at least two years, former elected members of the staff delegation of the Social and Economic Committee (CSE) and former trade union representatives who have held their mandate for at least two years. But also for former members of the CSE intercompany staff delegation, former local representatives and the employee who served as a staff representative at the CHSCT.

Candidates for the employee representation elections also benefited from this six-month protection after receiving their candidacy from the employer, as well as candidates who were not elected in the last works council elections after they had sent the candidate lists to the employer. It is in this context that the comedian Guillaume Meurice thus “protected“. Former trade union representatives, former representatives of the trade union section and former advisors of the employee, who have held their position for at least one year, are protected for one year. However, please note that in case of serious misconduct, the employer will be required to do the following under the Labor Code can pronounce:immediate dismissal of the person concerned“.

When it concerns a trade union representative, a mandated employee, an employee advisor, a representative of the trade union section or the CSE, this decision must be “reported to the labor inspector within 48 hours of its entry into force“. And if the dismissal is refused by the labor inspector, “the dismissal is canceled and its consequences are lifted“.

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