Can Elon Musk launch all of Twitter France overnight?
As in the United States, Twitter France is facing Elon Musk’s radical decisions. But on this side of the Atlantic, anything and everything cannot be done.
Will Twitter disappear from the internet soon? One might wonder, given the way Elon Musk is managing his new property in directions that resemble decisions made on a whim. But it’s a question many employees at Twitter won’t be asking anymore because they’ve been laid off without notice.
What about Twitter France? In a message published on November 20, Twitter’s head of France, Damien Viel, published an unambiguous message : ” It’s over. Pride, honor and mission accomplished. Goodbye Twitter France. What an adventure! What a team! What encounters! Thank you all for these 7 incredible and intense years. »
However, Twitter France is still active. According to BFM-TV, some of the teams are still in place. So far, only the communication service has disappeared. The whole question is whether this will continue, and if so, how Twitter management in the US will take care of its various subsidiaries around the world.
Can you license by email?
But exactly, it seems to be the headquarters of Twitter, as in the United States also select For e-mail dismissal to get rid of European workers. In addition, there are differences in labor legislation between the two coasts of the continent. Especially not firing people by email without any reason.
The terms on which these layoffs affect Twitter’s European teams are unclear. Ditto for the content of emails – does it contain a general message? An economic reason to justify defatting? The alleged fault of the employee?
But this is an opportunity to remind you of the state of the law in France.
In case of dismissal, e-mail cannot be used as the only means of dismissal. In any case, if the staff is actually bound by a private law employment contract governed by French law. In this case, dismissal by e-mail is illegal. The answer may be different, or at least more complicated, if these are not French treaties.
If this type of e-mail is still used, it is invalid primarily because the procedure prescribed in the texts is not followed. Moreover, if the email does not contain the reason for dismissal. This reality was confirmed by the human resources director of the Humanoid group, to which Numerama belongs, as well as the official website of the French administration.
Thus, the employer must call the employee for an initial interview and, if the decision is accepted, send him a letter of dismissal. There he can state the reason for dismissal on his own initiative or at the request of the employee. It benefits from a caveat, except in the case of gross or gross negligence – which doesn’t seem to be the main scenario in Twitter’s case.
Notice periods must be observed
In case of error, Humanoid’s HR department notes, “ the sanction chosen must be proportionate “. And you always have to respect notice periods “. As for the assumption of dismissal for economic reasons, another procedure must be respected, he notes. The procedure that the management of Twitter should present if the contracts are indeed in accordance with French law.
And if Elon Musk ignores, that is, without going through all the required steps (call, time to prepare for the interview, interview, reflection period and notice)? Can an employee still consider themselves a member of Twitter? In any case, he has the opportunity to defend his rights by applying to the Labor Court regarding the legality of his dismissal. But these steps can be long; even if the employee has almost every chance to earn and receive financial compensation.
It remains to be seen whether Twitter employees in Europe will react to the maneuvers of Elon Musk, who has been accused of thinking that Twitter is a purely American entity when it has influence and structures around the world. Some even announce it that ” the court proceedings are ongoing “.
