If the employer is unable to offer the employee another job, it shall inform him/her in writing of the reasons for the refusal to redeploy. The employer may only terminate the employment contract if he can justify either his inability to offer a job under the conditions provided for in article L. 1226-10, or the employee’s refusal of the job offered under these conditions, or the express mention in the…
Any termination of an employment contract in breach of the provisions of Articles L. 1226-9 and L. 1226-18 is null and void.
Termination of the employment contract in the cases provided for in the second paragraph of article L. 1226-12 entitles the employee to compensation equal to the amount of the compensation in lieu of notice provided for in article L. 1234-5 as well as to a special redundancy payment which, in the absence of more favourable contractual provisions, is equal to double the compensation provided for in article L. 1234-9. However,…
Where a dismissal is made in disregard of the provisions relating to the reinstatement of the employee, as provided for inarticle L. 1226-8, the court hearing the case may propose that the employee be reinstated in the company, with his acquired benefits being maintained. The same applies in the event of dismissal decided in disregard of the provisions relating to the redeployment of an employee declared unfit for work, as…
The indemnities provided for in articles L. 1226-14 and L. 1226-15 are calculated on the basis of the average salary that the person concerned would have received over the last three months if he had continued to work in the position he held prior to the suspension of the employment contract caused by the accident at work or occupational disease. For the purposes of calculating these allowances, the notion of…
In the event of safeguard, receivership or compulsory liquidation proceedings, the provisions relating to employee claims mentioned in Articles L. 3253-15, L. 3253-19 to L. 3253-21 are applicable to the payment of the indemnities provided for in Articles L. 1226-14 and L. 1226-15.
Where an employee who has suffered an accident or contracted an occupational disease has a fixed-term employment contract, the employer may only terminate the contract during the periods in which the contract is suspended if he can prove that the employee is guilty of serious misconduct or force majeure.
Periods during which the employment contract is suspended as a result of an accident at work or occupational illness do not prevent the fixed-term employment contract from expiring. However, where the contract includes a renewal clause, the employer may only refuse to renew the contract during the periods of suspension if he can prove a real and serious reason unrelated to the accident or illness. Failing this, the employer shall…
Where the employee holds a fixed-term contract, the provisions of the second and last paragraphs of article L. 1226-12 and articles L. 1226-14 to L. 1226-16, relating to the conditions for dismissal of an employee who has suffered an accident at work or an occupational disease, do not apply. If the employer can prove that it is unable to offer a job, under the conditions provided for in articles L….
If the employee is not declared unfit at the end of the suspension periods, the termination of the fixed-term employment contract by the employer in breach of the provisions of article L. 1226-8 entitles the employee to compensation corresponding to the loss suffered. This compensation may not be less than the amount of salary and benefits that the employee would have received until the end of the current period of…
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is a Registered Trademark of
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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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