Sanctioning an employee follows a precise procedure. A missed deadline or a formal error can be enough to have the sanction annulled. Here are the steps, the time limits and the pitfalls to avoid (factsheet F2234).
1. The scale of sanctions
Warning or reprimand (avertissement, blâme), disciplinary suspension (mise à pied disciplinaire), transfer, demotion, dismissal for simple misconduct (faute simple), serious misconduct (faute grave) or gross misconduct (faute lourde). A mere verbal remark is not a sanction. Financial penalties, sanctioning the same facts twice and discriminatory sanctions are prohibited (L1331-2).
Internal rules (règlement intérieur) are mandatory in companies with at least 50 employees, 12 months after the threshold is crossed (L1311-2). They set out the nature and scale of sanctions (L1321-1): where internal rules exist, only the sanctions they provide for may be applied.
2. The time limit for acting: 2 months
No misconduct can on its own give rise to disciplinary proceedings more than 2 months after the employer became aware of it, unless criminal proceedings have been brought within that period (L1332-4). A sanction imposed more than 3 years earlier can no longer be relied on to support a new sanction (L1332-5).
3. Precautionary suspension (mise à pied conservatoire)
In the event of serious misconduct, the employer may remove the employee from the workplace immediately, pending the decision (L1332-3). This is not a sanction: the procedure must then be followed as normal.
4. Notice to attend the preliminary meeting (entretien préalable)
- No meeting required for a warning, or a sanction of the same kind, that has no impact on the employee's presence, position, career or pay (L1332-2).
- For other sanctions: notice sent by registered letter or hand-delivered against a signed receipt, stating the purpose, date, time and place of the meeting, and that the employee may be accompanied by a person from the company.
- For a dismissal: at least 5 working days between delivery of the letter and the meeting (L1232-2); where there are no employee representatives, the letter also states that the employee may be assisted by an external employee adviser (conseiller du salarié), and the addresses where the list of advisers can be consulted.
5. The meeting
The employer explains the reason for the sanction being considered and hears the employee's explanations. Prepare for it: dated facts, documents, questions. Listen properly: the employee's explanations may change the decision.
6. Notification of the sanction
- In writing, stating the reasons, at least 2 working days and no more than 1 month after the day set for the meeting (L1332-2).
- For a dismissal: by registered letter, at least 2 working days after the meeting (L1232-6). Template letters have been published by decree (Decree No. 2017-1820 of 29 December 2017); they are optional. The grounds may be clarified within 15 days of notification (L1235-2).
7. Simple, serious or gross misconduct
Serious misconduct makes it impossible to keep the employee in the company, even during the notice period; gross misconduct additionally requires an intention to harm the employer. In the event of serious or gross misconduct, the dismissed employee is entitled neither to notice nor to severance pay; payment in lieu of accrued paid leave remains due in all cases (factsheet F1137).
Please note: this guide is for information only, up to date as of 14 October 2026, and is no substitute for advice tailored to your situation. Your convention collective (collective bargaining agreement) may provide for additional rules (for example a disciplinary board). For a specific case, consult your expert-comptable (chartered accountant) or your lawyer.