French For Mutual Agreement

April 9th, 2021| Posted by admin
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It should be noted that Amendment No. 4 of 18 May 2009 to the National Interprofessional Agreement of 11 January 2008, renewed by decree of 26 November 2009, makes it mandatory to pay a termination allowance equivalent to the monthly conventional severance pay for agreements concluded as of 28 November 2009. This agreement applies to all employers in the sectors covered by an inter-professional agreement signed by an employer organisation that is a member of MEDEF, UPA or CGPME. Indeed, the contradictory or ambiguous context surrounding the signing of the agreement is not sufficient to characterize in itself the absence of consent, which opens the possibility of demanding the nullity of the agreement. If the Court of Appeal had ruled in his favour, the Supreme Court of Appeal set aside the decision in 2015 on the grounds that art. L1237-13, which determines the amount of the specific severance pay, only applies to art. L1234-9 of the Labour Code, which excludes the amount of reciprocal severance pay applicable to journalists based on art. L7112-3 of the labour code. The Supreme Court (Court of Cassation) upheld the decision of the Court of Appeal: the employee`s appeal was rejected. The application was rejected by the Supreme Court of France because it was filed at the expiry date.

The Supreme Court stated that “the Court of Appeal, which found that the worker and employer had signed an amicable dismissal on October 8, 2010, and it was not disputed that the agreement had been implemented, indicated that the worker had the necessary time to act before the expiry of the deadline under Section L. 1237-14 of the Labour Code; The Court of Appeal correctly inferred that his application to quash the amicable termination made after the expiry of this period was excluded” (Cass, soc, December 6, 2017, No. 16-10220). In addition, French jurisprudence has recently raised doubts about the application of an individual contract of mutual dismissal when a worker has been declared incapacitated as a result of an accident at work (“unfit”).

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