Mutual Agreement In French

In this way, the Supreme Court of France recognizes in this decision the ability of workers to give easy consent, without taking into account the professional circumstances associated with the conclusion of the agreement and, in particular, the fact that the occupational doctor (occupational doctor) had explained his capacity shortly before the signing of the agreement (which the employer argued). Termination: Framework contract for reciprocal collective agreements of termination (a agreement which is a violation of the collective agreement) In accordance with Articles L. 1237-11 and following of the French Labour Code, individual reciprocal termination agreements are currently the most successful form of termination of an amicable employment contract for an indeterminate period. However, their apparent lightness is called into question by the intervention of the French Labour Agency (DIRECCTE), which plays an important role in the dismissal procedure. Thus, individual termination of the contract for protected workers is authorized by the labour inspectorate (labour inspection), while for unprotected workers (i.e. workers` representatives, members of the Economic and Social Committee, trade union delegates; Candidates in company elections, employees mandated by a union representative of collective bargaining, union defenders, etc.) it was merely approved by the employment agency. The figures and case law show that some workers are willing to challenge the mutual dismissal contract they have agreed to. As a result, the Supreme Court of France is regularly asked to set the conditions for the implementation of the individual mutual denunciation agreement and to sanction employers. The issue of time limits is also difficult because it is a crucial point of validity observed by the labour inspector. The Supreme Court of France has ruled that the worker`s right to withdraw will be tried on the day the letter of withdrawal is sent and not on the day the employer receives it (10). From the day after the contract is signed, the employer and the worker have 15 days to effectively waive the conclusion of the reciprocal termination contract.

To be valid, the resignation must be sent to the other party before the 15-day period expires. Although the labour code prohibits the application of a mutual denunciation agreement to circumvent the legislation applicable to collective economic dismissals, the French administration accepts in practice, in this situation, the application of such agreements. However, this procedure cannot be used to circumvent the rules of collective economic redundancy and to deprive workers of the guarantees associated with them. In this context, the labour authorities consider that a company or group facing economic difficulties and making full use of reciprocal termination agreements (10 days or more over a 30-day period) is likely to apply the procedure of economic redundancy and, in particular, the implementation of an employment protection plan (or the “social plan” (4) (“Employment Safeguarding Plan”).

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