Employers can continue to lay off
Employers can say a big thank you to the Social Chamber of the Court of Cassation. The judges of the highest court in the French judicial system will in fact reject the judgment of the Court of Appeal of Paris in September 2010 had invalidated the social editor of a banking software, Viveo the grounds a lack of economic incentive. "This decision could not be clearer, says Malik Douaoui, partner in employment law at Taj. The lack of economic incentive does not justify the invalidation of the redundancy. Its validity is independent of the reason for dismissal. "Even in terms of Virginia Devos, a partner for his share in August & Debouzy:" We had a sword of Damocles that the magistrates of the Supreme Court have raised strictly applying the current law. Their commentary is clear: it can not have judgment without text. "
Current legislation does not in fact authorizes a judge to cancel, before it was implemented, a social plan for any reason whatsoever. The only people qualified to vote are the industrial tribunal that councilors may have to decide, ex post, the lack of or inadequate backup plans implemented. And with this, the key, generally, heavy damage compensation as a benefit for employees who brought the case to court. "This decision removes the freedom of judges to interfere in the a priori social plans", and welcomes Nicolas Sauvage, member of the influential lawyers' union in labor law, Avosial, which in February had alerted all the presidential candidates on this sensitive issue during an election law to dismissal on line pay day loans.
"This decision does not alter the political debate of layoffs but said equity rule the legal issue," says Devos, however, Virginia. In due. Francois Hollande has indeed committed, in a letter to the union Avosial mid April, if elected to make "an appropriate response" to social plans "of pure convenience announced by successful companies" while acknowledging that they represented only a tiny minority of cases in France. "We are not immune to the legislature shortly text files to allow judges to interfere in the management of enterprises and thus thwart the decision of the Court of Cassation," Devos fears Virginia. 'E wish them courage to write this text especially good for the principle of free enterprise under pain of being censored, as in 2002, by the Constitutional Council, "abounds Nicolas Sauvage. "The whole question is about the place we want to give judges in controlling redundancy plans," explains Malik Douaoui. There is therefore perhaps not heard the last of this case Viveo
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