Job-saving plan and conventional break-up: incompatible?
Publié le null - Directorate for Legal and Administrative Information (Prime Minister)
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If a job-saving plan is being prepared, the employer must inform you before signing a contract break. Indeed, you must have been put in a position to take your decision in full knowledge of the facts, as the Court of Cassation points out.
Hired on March 13, 2000, a production manager signs a conventional break on December 18, 2015. He brought an action before the labor court on the ground that a job-protection plan had been put in place a few months after the break-up. He is seeking the nullity of the proceedings and various sums of money.
On December 10, 2015, the employer announced an action plan. He knows when the contract breaks, that a plan to safeguard employment is being prepared, that the job of the employee who is the subject of the break will be abolished, and that the latter could have benefited from accompanying measures which he does not benefit from with a contractual break.
Even if the employee had indicated to the employer his intention to leave the company, the Court of Appeal considers that the lack of information concerning the safeguard plan in preparation is likely to mislead the employee, and that the contractual breach must be declared null and void.
The Court of Cassation agrees. The employer must inform you of the preparation of a job protection plan and associated accompanying measures before the signature of a contractual break.
