Termination of the business due to force majeure releases the employer from the obligation to respect the notice period and to pay the redundancy compensation provided for in article L. 1234-9.
When the permanent employment contract is terminated as a result of an event of force majeure, the employee is entitled to compensation equal to that which would have resulted from the application of articles L. 1234-5, relating to compensation in lieu of notice, and L. 1234-9, relating to compensation for dismissal. This compensation is payable by the employer.
The provisions of articles L. 1234-1, L. 1234-8, L. 1234-9 and L. 1234-11 are applicable, provided that the persons concerned meet the conditions laid down by these articles: 1° To the employees, other than civil servants and military personnel, mentioned in article L. 5424-1; 2° To employees subject to the same legal status as that of public companies.
The employee is entitled to notice of 1° One day’s notice where remuneration is fixed on a daily basis ; 2° One week’s notice where remuneration is fixed on a weekly basis; 3° Two weeks’ notice if his remuneration is fixed on a monthly basis; 4° six weeks when his remuneration is fixed per quarter or per longer period.
The following are entitled to six weeks’ notice 1° Teachers and persons employed in private homes ; 2° Commercial clerks mentioned in article L. 1226-24; 3° Employees whose remuneration is fixed and who are permanently entrusted with the management or supervision of an activity or part thereof, or those entrusted with technical services requiring a certain level of qualification.
During the notice period, the employer grants the employee a reasonable period of time in which to look for a new job, if he so requests.
The provisions of this sub-section apply in the absence of legal, contractual or customary provisions providing for a longer period of notice. They also apply to the termination of a permanent employment contract at the initiative of the employee.
A decree of the Conseil d’Etat shall determine the application of articles L. 1234-1 to L. 1234-14.
On expiry of the employment contract, the employer issues the employee with a certificate, the content of which is determined by regulation.
The “solde de tout compte”, drawn up by the employer and receipted by the employee, lists the sums paid to the employee on termination of the employment contract. The receipt may be cancelled within six months of signature, after which time the employer is discharged of all liability for the sums mentioned therein.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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