Prior interview: definition
Before considering a dismissal, you must invite the employee to a preliminary interview.
The objective of this preliminary interview is to allow you to dialogue with the employee:
present the reasons which lead you to consider his dismissal; obtain their explanations (Labor Code, art. L. 1232-3).
Do not forget to indicate, in the invitation letter, that the employee can be assisted:
a person of their choice from the staff of the company; or an adviser on a list drawn up by the prefect, if the company has no staff representatives.
For other models linked to the dismissal procedure (dismissal notification), Editions Tissot recommends their documentation "Commented models for personnel management".
Pre-interview: internal assistance
Yes, as an employer, you may be assisted during this interview by a person from the company.
But beware, this person must imperatively belong to the company. You cannot choose a person from outside, for example:
an employee of the group to which your company belongs; a shareholder of the company; a lawyer or a bailiff.
The presence of a bailiff, even ...
