In the event of non-compliance with the re-employment priority provided for in article L. 1233-45, the court shall award the employee compensation of not less than one month’s salary.
The following provisions do not apply to the dismissal of an employee who has been with the company for less than two years and to dismissals carried out by an employer who usually employs less than eleven employees: 1° The nullity of the dismissal, as provided for in Article L. 1235-11 ; 2° (deleted) ; 3° Failure to respect the priority of re-employment, as provided for in Article L. 1235-13….
Any procedure for redundancy on economic grounds in a company where the social and economic committee has not been set up, even though the company is subject to this obligation and no report of its failure to do so has been drawn up, is irregular. The employee is entitled to compensation payable by the employer, which may not be less than one month’s gross salary, without prejudice to redundancy pay…
The cancellation of the validation decision mentioned in article L. 1233-57-2 or the homologation decision mentioned in article L. 1233-57-3 for a reason other than that mentioned in the last paragraph of this article and in the second paragraph of article L. 1235-10 shall give rise, subject to the agreement of the parties, to the reinstatement of the employee in the company, with retention of his acquired benefits. Failing this,…
A decree of the Conseil d’Etat shall determine the terms and conditions for the application of Articles L. 1235-11 to L. 1235-14.
Termination at the initiative of the employer of the export assignment contract provided for in Article L. 1223-5 is subject to the provisions of Chapter II relating to dismissal on personal grounds.
Termination of the worksite or operation contract at the end of the worksite or once the operation has been completed is based on a real and serious cause. This termination is subject to the provisions of Articles L. 1232-2 to L. 1232-6, Chapter IV, Section 1 of Chapter V and Chapter VIII of this Title.
If the agreement referred to in Article L. 1223-8 so provides, an employee who is made redundant at the end of a worksite or operations contract may be given priority for re-employment on an open-ended contract within the period and according to the terms set by the agreement.
In the event of resignation, the existence and duration of the notice period are determined by law or by collective labour agreement. In the absence of legal provisions, collective labour agreement or convention relating to notice, its existence and duration are determined by local and professional practice. A decree of the Conseil d’Etat shall determine the terms and conditions of application of this article.
An employee who voluntarily abandons his post and does not return to work after having been given formal notice to justify his absence and to return to his post, by registered letter or by letter delivered personally against receipt, within the period set by the employer, is presumed to have resigned on expiry of this period. An employee who challenges the termination of his employment contract on the basis of…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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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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