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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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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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 ...
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Tuesday March 19th 2019 | Criminal labour law prosecutions: dealing with the risk - What's at stake for employers ?
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