D1c20 – Are employees protected against a change to an essential cause of their employment contract decided upon in response to a protest, a complaint or the exercise of a remedy seeking observance of their rights as provided for in the Labour Code?

The Labour Code lays down the principle whereby no employee may:

• be the subject of unfavourable treatment or retribution, nor by reason of a protest, nor as a reaction to a complaint or the exercise of a remedy seeking compliance with his rights as provided for in the Labour Code;
• be the subject of retribution for having given evidence regarding the aforementioned actions or for reporting them.

Any clause contained in an employment contract, an individual or collective agreement or the internal regulations of a company which is contrary to the above-mentioned principle would be null and void.

An employer must not notify an employee of his dismissal, or of a summons to a pre-dismissal interview, or of a change to an essential clause in the employee’s employment contract, on the grounds set out above.

In the event of termination of the employment contract in breach of the above-mentioned prohibitions, the employee may bring legal proceedings to reverse the unfair termination of his employment contract, as provided for in Article L. 124-11, in order to secure an award of damages.