Labour Law Newsletter, June/July 2024
Case Law June 2024
Disputed signature on a fixed-term contract: the original must be produced
The Court of Cassation has ruled that in the event of a dispute regarding the validity of a signature on a fixed-term contract, the original contract must be produced before the court. Otherwise, the contract is deemed null and void and may be reclassified as a permanent contract.
Cass.soc.12 juin 2024, n°22-20.962 F-D
Successive Layoffs for Economic Reasons: When Does the Principle of Equality Apply?
When a company carries out two rounds of economic layoffs within a period of less than 30 days, employees affected by the smaller round of economic layoffs cannot be subject to the redundancy plan (PSE) intended for the larger round of economic layoffs. However, if they are in an identical situation, they may claim, based on the principle of equal treatment, compensation for the redundancy plan measures from which they were unjustly deprived.
Cass.soc.26 juin 2024, n°22-20.521 F-D
Case Law July 2024
Serious Risk: An Expert’s Interviews with Employees Do Not Require the Employer’s Consent
An expert appointed by the Social and Economic Committee (CSE) in the event of a serious risk identified within the company may, if necessary, interview employees without requiring the employer’s authorization; only the prior consent of the individuals concerned is required.
Cass.soc.10 juillet 2024, n°22-21.082 FS-B
Termination of the probationary period by the employer after its expiration constitutes dismissal without real and serious cause
The Court of Cassation clarifies that the termination of the probationary period after its expiration constitutes a dismissal without real and serious cause. The employer’s letter notifying the termination of the probationary period is not a letter of dismissal. The judges therefore need not examine any grounds set forth in that letter.
Cass.soc.3 juillet 2024, n°22-17.452 F-B
Waiver of the non-compete clause: contractual formalities
The Court of Cassation clarifies the importance of complying with the formalities for waiver provided for in the employment contract. The employer may not use an email if the contract requires a registered letter with return receipt.
Cass.soc.3 juillet 2024, n°22-17.452 F-B
