When you're managing a redundancy case involving a foreign employee or an international entity, the translation of the pre-dismissal interview becomes a legal and strategic issue. This document, which is very common in French employment law, takes on a special dimension when it crosses borders. Here's what you need to know.
Why have an interview prior to dismissal translated?
The interview prior to dismissal is a fundamental part of the disciplinary procedure. It formalizes the employee's rights of defense, and must therefore be comprehensible to the person concerned, whatever his or her country of origin. In an international context, failure to translate this document - or to do so in an approximate manner - can lead to the invalidation of the procedure by a foreign court, or to litigation on the merits.
Translation is therefore essential in several cases:
- The employee is a non-French speaker living in another country
- Parent company is abroad and follows internal procedures for audit purposes
- The document is part of a file before a foreign judicial or administrative authority (e.g. international industrial tribunal, foreign subsidiary, lawyer based outside France).
Precise terminology and legal requirements
Translating an interview prior to dismissal does not mean replacing French words with their English, Spanish or German equivalents. The subtleties of French labor law must be rendered in legal language that can be understood in the target legal system, without betraying the meaning or over-interpreting.
For example:
- The notion of "serious misconduct" has no exact equivalent in all legal systems.
- The term "convocation à un entretien préalable" implies strict legal deadlines in France, which may not exist elsewhere.
- The distinction between disciplinary proceedings and proceedings for breach of contract must be clearly reflected.
Only legal translators who specialize in labor law can integrate these terminological subtleties and guarantee the validity of the document once translated.
A case in point: presenting a case to a German court
Let's take the case of a Franco-German employee dismissed by a French company, but residing in Germany. To contest the termination, the employee sues the employer before the Berlin labor court. The company's lawyer must then produce the entire procedure, including the letter of invitation to the preliminary interview, translated into German.
If the translation omits key elements (e.g. date of interview, reason for summons, possibility of being assisted), the judge may consider that the employee's rights have not been respected, rendering the procedure null and void. In this context, a non-compliant translation becomes a legal and financial risk.
Legal 230 expertise for your sensitive translations
At Legal 230, we regularly intervene in this type of situation. Our legal translators, specialized in labor law, translate your HR and disciplinary documents into over 230 languages, with the rigor expected by legal professionals.
Each translation is adapted to the legal context of the destination country, while respecting the often tight deadlines associated with these procedures. Whether you represent a law firm, a legal department or an HR department, you can count on our expertise to ensure the security of your international exchanges.
Need a translation of a pre-termination interview?
Don't wait for a dispute to arise before securing your procedure. Contact Legal 230 for a fast, confidential and compliant translation. We're with you every step of the way, anywhere in the world.