When there is no vitiated consent, moral harrassment does not nullify a mutually agreed termination
Published on :
26/02/2019
26
February
Feb
02
2019
Collective mutually agreed termination (« rupture conventionnelle collective »), a method of termination of the employment contract in which employer and employee sign an agreement to terminate, later approved by the administration, has met with great success. To be valid, it is necessary to ensure the free and informed consent of each of the parties. This is not always the case when the employee has signed an agreement in a context of proven moral harassment. On this point, the French Supreme Court has already considered that it was necessary to cancel the termination agreement signed by an employee who had found herself in a situation of
moral violence due to harassment.
However, it is up to the employee to prove that the psychological harassment has vitiated his consent. Indeed, the existence of acts of moral harassment does not automatically entail the nullity of the termination agreement, as the French Supreme Court has just recalled.
History
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New Legislation | In brief: Directive on Posted Workers (Secondment)
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Tuesday May 21st, 2019 | A notable shift in case law: Supreme Court Plenary Session of April 5th, 2019
Published on : 19/04/2019 19 April Apr 04 2019NewsNews / Breakfast Briefings1. The purview of the notion of anxiety-based harm has now been broadened, to...
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Renowned Japanese law firm Atsumi & Sakai joins L&E Global
Published on : 18/04/2019 18 April Apr 04 2019L&E GlobalL&E Global, a worldwide leader for cross-border labour and employment law ser...Source : leglobal.org
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Van Olmen & Wynant Employment Forum on Positive Discrimination at MIVB /STIB
Published on : 29/03/2019 29 March Mar 03 2019L&E GlobalVan Olmen & Wynant just recently had the honour of hosting a new Employment F...Source : leglobal.org
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When a settlement agreement is drafted in general terms, its scope is not limited to the sole original point of contention. The employee may not claim at a later stage for indemnification of potential rights.
Published on : 18/03/2019 18 March Mar 03 2019NewsNewsletter / Recent Case LawSometimes, upon the termination of the contract, the employer and the employe...
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The final European directive on seconded workers is transposed into French law and will apply as of July 30, 2020
Published on : 18/03/2019 18 March Mar 03 2019NewsNewsletter / New legislationThe government has transposed the directive of 28 June 2018 on posted workers...
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L&E Global awarded “Elite” status for Global-Wide Employment Law Networks by Chambers Global 2019
Published on : 11/03/2019 11 March Mar 03 2019L&E GlobalWe are proud to announce that for the second year in a row, L&E Global has be...Source : leglobal.org
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Measuring equal pay for women and men: the administration sets the timetable and publishes a calculator for companies with more than 250 employees
Published on : 26/02/2019 26 February Feb 02 2019NewsNewsletter / Looking FowardThe obligation to publish the index of the gender equality concerns companies...
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When there is no vitiated consent, moral harrassment does not nullify a mutually agreed termination
Published on : 26/02/2019 26 February Feb 02 2019NewsNewsletter / Looking FowardCollective mutually agreed termination (« rupture conventionnelle collective ...