Human Resources

The offer of reclassification offered to the employee must be precise

Publié le 14 janvier 2025 - Directorate for Legal and Administrative Information (Prime Minister)

An employee who refuses an offer to retrain may not be dismissed by the employer where the offer is unclear. This is what the Court of Cassation states in a ruling issued on October 23, 2024, published in the bulletin.

Image 1
Image 1Crédits: fizkes - stock.adobe.com

An employee who has refused an offer of reclassification made by her employer is dismissed. She is challenging her dismissal before the judge.

The Court of Appeal condemns the employer. According to the applicant, the reclassification offer offered to the employee did not specify:

  • the activity and address of the company in which the reclassification post was offered;
  • the name of that company;
  • the classification of the proposed position.

Moreover, the mere mention of "at the same level of remuneration" was not sufficient for the employee to respond favorably to the proposed offer. Thus, the Court of Appeal held that the refusal of that offer of reclassification could not justify the dismissal of the employee. The employer appeals to the Court of Cassation.

The Court of Cassation dismisses the appeal. For her, the offer of reclassification is imprecise since it does not include the name of the employer, the classification of the position and the nature of the employment contract.

Thus, the employer has failed to fulfill its obligation to reclassify and the dismissal of the employee is therefore abusive.

Reminder

The reclassification offer proposed by the employer must include the following elements:

  • the title of the post and its description;
  • the name of the employer;
  • the nature of the employment contract;
  • the location of the post;
  • the level of remuneration;
  • the classification of the position.

Additional topics