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T Perrin C
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1359
Experience:  8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
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I wish to ask my femme de menage to leave. She has been ill

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I wish to ask my femme de menage to leave. She has been ill for 7 months, but the real reason is an economic one: we have found that we don't really need her. We are not saying it is because of illness. She has worked for 10 1/2 years at a salary of 8 euros per hour for 4 hours a week, getting therefore some euros 1664 per year plus service emploi pension costs. She is demanding Euros 1639.42 in indemnification which I believe is much too high, including prejudice moral, non respect des regles and licenciement abusif.
Submitted: 1 year ago.
Category: French Law
Expert:  Wendy-Mod replied 1 year ago.

Hi, I am a moderator for this topic. I've been working hard to find a Professional to assist you right away, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!

Wendy
Customer: replied 1 year ago.
yes please. this has become urgent
Expert:  Fran-mod replied 1 year ago.
Thank you for your patience. We will continue the search for a Professional for you.
Customer: replied 1 year ago.
ok. they have used wrong numbers not following French law and I would like to resolve this. thank you
Expert:  Fran-mod replied 1 year ago.
Thanks for the clarification. When a French legal professional believes he can give you a satisfactory answer to your question, you should get a reply.
Expert:  Wendy-Mod replied 1 year ago.

Thank you for your patience, your business is very important to us, we are waiting on the Professional with the right expertise to come online. Feel free to let us know if you would like us to continue searching for a Professional or if you would like us to close your question.

We appreciate your understanding!

Wendy
Customer: replied 1 year ago.
please keep trying. they Re pressing for settlement including for abusive behsviour and I wantbto inish it
Expert:  Wendy-Mod replied 1 year ago.
Thank you again for your patience while we continue our search.

Regards,
Wendy
Expert:  T Perrin C replied 1 year ago.
Hello,

Here a few elements of answer:

- To dismiss your employee, before you even mention it to her, you have to firstly send her a registered letter to invite her to a preliminary interview. This must be written following the rules of Code du travail, strictly.
- Then you have to send her a "lettre de licenciement" motivating your decision by explaining why you do not need her anymore (like you are moving), why you have to employ a permanent replacement (in which case you must prove you are doing so), why you cannot afford her services.
This needs be done before you tell her you wish her to leave... strictly. And except if this is because you need to replace her, and can only do it by hiring a permanent replacement, cannot be done while she is on sick leave.
- In any case, if things are done properly, with 10,5 years seniority she is legally owed a minimum of 2 months of gross salary as indemnité de licenciement. Plus 2 months as indemnité compensatrice de préavis if you do not allow her to work during 2 months after you send her her dismissal letter.
- If she is dismissed without the proper procedure being strictly and entirely followed, she will be owed an additional month of gross salary.
- If her dismissal is not properly motivated (like your situation has not changed and does not justify the dismissal) or if the letter of dismissal is not properly explained, she can claim damages for licenciement sans cause réelle et sérieuse, which will be assessed by a judge if no agreement is reached between parties. Likewise, if she is dismissed while her contract is suspended because she is on sick leave, she can claim damages for licenciement abusif. Prejudice moral would be included in either type of damages.
Customer: replied 1 year ago.
thank you. does the gross salary include the pension payment I made for her via the mechanism Setvice Emploi, about 50 per cent of he base salary? merci infiniment
Expert:  T Perrin C replied 1 year ago.
Yes, it includes the "cotisations sociales" paid to URSSAF, whichever way you pay them (these include not only compulsory pension payments, but also health insurance and unemployment insurance)
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1359
Experience: 8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
T Perrin C and other French Law Specialists are ready to help you
Customer: replied 1 year ago.
sorry to bother you again but I am having trouble with the attestation pole emploi. i can see how to complete it on the urssaf site but my exemployee says it is invalid in the format I used. Is there a governemnt paper form I must use? I would do it on line but my urssaf number isn't accepted. thank you
Expert:  T Perrin C replied 1 year ago.
You must register on the Pole Emploi website to fill out this form. You will need you URSSAF employe number to create your pages on this website.
https://gestion.pole-emploi.fr/espaceemployeur/inscription/saisieidentifiant
Best regards.
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1359
Experience: 8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
T Perrin C and other French Law Specialists are ready to help you

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