There is a promise of employment only when the essential elements of the contract are concluded
Publié le 15 juin 2022 - Directorate for Legal and Administrative Information (Prime Minister)
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The conclusion of a promise of employment includes a full agreement on remuneration, employment and the date of entry into service. If there are discussions going on on any of those three things, there is no agreement. This is recalled by the Court of Cassation in a ruling by the Social Chamber on April 13, 2022.
A candidate feels aggrieved by an abusive breach of a promise to hire by a business. She had not signed an amendment to the variable part of the remuneration, which had ended her chances of signing an employment contract with the business in question.
The Court of Appeal ordered the business to pay various sums to the applicant for wrongful breach of the promise to hire. It was held that there was indeed a promise of employment because the discussions on the variable portion of remuneration had no effect on the constitution of that promise.
The Court of Cassation quashes the judgment of the Court of Appeal. It considers that the existence of discussions on the determination of the variable share of remuneration is sufficient to characterize the absence of a promise of employment. The Court reaffirms here that there must be an agreement on employment, date of entry into service and remuneration in order for there to be a promise of employment.
