Clarifications about the relative protection of new fathers against dismissal

Employees who are new fathers benefit from a relative protection against the termination of their employment contract for a period of 10 weeks from the birth of their child, even if they do not take their postnatal leave (Article L. 1225-4-1 of the French Labor Code).

In theory, the employer may only dismiss the new father after the above-mentioned period of 10 weeks, except where it proves a serious misconduct by the employee or the impossibility to maintain the contract for a reason unrelated to the arrival of the child.

However, it is possible to convene the employee to the preliminary meeting and hold such meeting during the protection period (Court of Cassation, Labor Division, September 30, 2020, no. 19-12.036).

Indeed, the specific protection against measures that are in preparation for the dismissal (convening to preliminary meeting, holding of preliminary meeting; information about a projected dismissal for economic reasons regarding the employee on leave) only applies to women on maternity leave.

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