Redundancy for economic reasons (2/2) : The proper use of interviews in the internal redeployment process
September 11, 2024 Appeal no. 23-10.460 In the context of a redundancy scheme for economic reasons, an employer offered employees […]
Internal redeployment and redundancy for economic reasons: two interesting decisions handed down on September 11 (1/2)
The individual obligation to redeploy internally, within the company and the group, plays a central role in redundancy schemes for
It’s back-to-school time for the Cour de cassation, too: many rulings handed down yesterday by the Social Division, including two on “necessary prejudice” theory
These decisions are part of a renewed application of the theory of necessary prejudice, which recognizes an automatic right to
Voluntary departure as part of a PSE: the economic reason for the amicable termination of the employment contract cannot be contested by the employee, except in the case of fraud or lack of consent (Cass. soc. June 26, 2024, no. 23-15498 FB and no. 23-15.533)
Facts Galderma Research & Development (the GRD company), a subsidiary of the Nestlé Group, implemented a PSE approved by the
Internal redeployment and PSE: employers cannot limit their redeployment efforts to positions identified under the PSE (Cass. soc. May 15, 2024, no. 22-12.546)
The facts A company implements a job-saving plan approved by the Labor administration. As part of the internal redeployment process,
Calculation of reference salary in the event of dismissal without real and serious cause: neutralization of periods during which the employee worked part-time on a therapeutic basis (Soc., June 12, no. 23-13.975)
Facts: The employee was hired on November 6, 2008 as a full-time Human Resources Manager. Placed on continuous sick leave
Drafting the tripartite agreement in the event of an intra-group transfer: employers must take extra care (Soc., May 7, 2024, n°22-22.641)
Facts: In 2011, an employee was hired by SARL FNI as a Mc Donald’s restaurant manager. Following the sale of
Equal treatment of teleworking employees: Soc., April 24, 2024, 22-18.031
Facts: Due to the pandemic, SA Enedis, a subsidiary of EDF, set up a “business continuity plan” on March 12,
Decision of the day: PSE, the Conseil d’Etat (CE) has ruled on the Gazel Energie Génération case (CE April 12, 2024 n°459650). The decision is of particular interest with regard to the criteria used to determine the order of redundancies, and the health and safety aspect.
The green light given by the Labour administration was contested in particular on the following points: Dismissal criteria The unilateral