As in the United States, Twitter France is facing the radical decisions of Elon Musk. But on this side of the Atlantic, it is not possible to do everything and anything.
Will Twitter soon disappear from the surface of the web? The question may arise given the way Elon Musk manages his new property, with orientations that are similar to decisions taken on a whim. But it’s a question that many employees at Twitter may no longer ask, now that they’ve been fired without notice.
What about Twitter France? In a message published on November 20, the boss of Twitter France, Damien Viel, published an unequivocal message : “ It’s finish. Pride, honor and mission accomplished. Goodbye Twitter France. What an adventure ! Which team ! What encounters! Thank you all for these 7 incredible and intense years. »
However, Twitter France is still active. According BFM-TV, some of the teams are still in place. For now, only the communication service has disappeared. The whole question is whether this will last and, if so, how the management of Twitter in the United States will take care of its various subsidiaries around the world.
Can you license by email?
But precisely, as in the United States, it appears that the headquarters of Twitter also opt for e-mail dismissals to get rid of European-based employees. Except that there are differences in labor law between the two shores of the continent. In particular, it is impossible to dismiss people by e-mail, let alone without reason.
The circumstances under which these layoffs affect Twitter’s European teams are unclear. Ditto for the content of emails — does it contain a generic message? An economic reason to justify a degreasing? A fault allegedly committed by the employee?
However, this is an opportunity to recall the state of the law in France.
In the case of a dismissal, the email cannot be used as the sole medium for dismissing staff. In any case, if the staff is indeed bound by a private law employment contract which is governed by French law. In this case, dismissal by email is unlawful. The answer could however be different, or at least more complex, if these are not French contracts.
If an email of this type is still used, it is invalid firstly because compliance with the procedure provided for by the texts is absent. Moreover, if the email does not contain the reason for the dismissal. This reality was confirmed by the director of human resources of the Humanoid group, to which Numerama belongs, but also the official site of the French administration.
Thus, the employer must summon the employee to a preliminary interview and send him a letter of dismissal, if his decision is made. In it, he can say the reason for the dismissal, on his own initiative or at the request of the employee. This one benefits from a notice, except serious or gross negligence – which, in the case of Twitter, does not seem to be the main scenario.
In the event of a fault pretext, notes Humanoid’s HR department, ” the sanction chosen must be proportional “. And you always have to respect notice periods “. As for the hypothesis of a dismissal for economic reasons, it is also necessary to respect another procedure, she points out. Procedure to which the management of Twitter should submit if the contracts are indeed under French law.
And if Elon Musk ignores, that is to say without going through all the required steps (summons, time to prepare for the interview, interview, reflection period and notification)? Can the employee still consider themselves a member of Twitter? In any case, he has the possibility of asserting his rights by asking the Labor Court to rule on the legality of the dismissal. But these steps can be long; even if the employee has almost every chance of winning, and obtaining financial compensation.
It remains to be seen whether Twitter’s European staff will react to the maneuvers of Elon Musk, who is accused of thinking that Twitter is a purely American entity when it has ramifications and structures all over the world. Some even announce that ” legal proceedings are pending “.