Recent case law | Recent case law | Signatories and dismissals
Auteur : Flichy Grangé Avocats
Published on :
07/07/2017
07
July
Jul
07
2017
Notification of dismissal lies with the employer, but he or she is perfectly allowed to give a mandate to an employee of the company, an employee with the quality and the required skills, to proceed in his place. In such a case, it is sufficient for the employer's representative to act on behalf of the employer in order for the procedure to be lawful. But the employer can not ask a person from outside the company to conduct the dismissal procedure and sign the letter. Otherwise, the dismissal is judged as being without a real and serious cause.
The French Supreme Court (Cour de Cassation) has just recalled this principle concerning the external accountant who can not take the place of the employer to conduct the interview prior to dismissal and sign the dismissal letter.
History
-
Do’s & Don’ts | This month: The Macron Reforms
Published on : 02/10/2017 02 October Oct 10 2017NewsIt can be tempting to welcome the new reforms by rushing to change company pr...
-
New Legislation | In depth look: What do the reforms say exactly?
Published on : 02/10/2017 02 October Oct 10 2017NewsReform Goal n°1: Greater Flexibility Negotiation in the workplace Curre...
-
New Legislation | In brief: Carrying over leave during sickness
Published on : 02/10/2017 02 October Oct 10 2017NewsThe period during which an employee may postpone leave not taken because of s...
-
Special Edition | The 12 Major Points of the Macron Reform
Published on : 01/09/2017 01 September Sep 09 2017NewsThe President’s reform promises to increase flexibility and reduce risk in Fr...
-
1 minute to get it | Paid leave in France
Published on : 04/08/2017 04 August Aug 08 2017NewsUnderstand in one click the lastest news in employment law
-
Looking forward | The New President’s Reforms
Published on : 07/07/2017 07 July Jul 07 2017NewsEmmanuel Macron was recently elected President of France. In Labour matters,...
-
Recent case law | Recent case law | Signatories and dismissals
Published on : 07/07/2017 07 July Jul 07 2017NewsNotification of dismissal lies with the employer, but he or she is perfectly...
-
New Legislation | In depth look: Company’s internal regulations
Published on : 07/07/2017 07 July Jul 07 2017NewsCompanies with more than 20 employees in France must have internal regulation...
-
New Legislation | In brief: Intra-EU Secondment procedures
Published on : 07/07/2017 07 July Jul 07 2017NewsThere’s a growing debate in France regarding the intra-European secondment of...
-
New Legislation | In brief: Change of tax rules postponed to 2019
Published on : 07/07/2017 07 July Jul 07 2017NewsThe proposed change in the system towards a withholding of income tax at the...