TRANSACTION AND LABOR LAW
REVIEWED DECISION Social Chamber, May 28, 2002, 99-43.852, Annie Cxxxx and Yvon Rxxxx against Technical Institute for Inter-Enterprise Social Security
AUTHOR (S) Haller, Marie-Christine
Reference Social case law Lamy, n ° 104, 27/06/2002, pp. 11-12
KEYWORDS
REVIEWED DECISION Court of Cassation, Social Chamber, May 16, 2000,
AUTHOR (S) Puigelier, Catherine
Reference Recueil Dalloz Sirey , n ° 3 , 18/01/2001 , pp. 273-274
KEYWORDS Employment contract, termination, mutual agreement, transaction, fixed term, article L. 122-3-8 of the Labor Code, article 2044 of the Civil Code, execution of the contract, pecuniary consequences
REVIEWED DECISION Court of Cassation, Commercial Chamber, 04 January 2000, appeal number 97-41.591,; Court of Cassation, Social Chamber, January 05, 2000, appeal number 97-43.888,
AUTHOR (S) Taquet, François
Reference JCP E Semaine Juridique (company edition) , n ° 11 , 03/16/2000 , pp. 444-445
KEYWORDS Is the validity of the transaction subject to notification of dismissal by registered letter with acknowledgment of receipt? Employment contract, transaction intended to put an end to the dismissal, validity, nullity (yes), non-compliance with the formal conditions of the prior dismissal, article L. 122-14-1 of the Labor Code
REVIEWED DECISION Court of Cassation, Social Chamber, October 12, 1999, Miss Frémont against SA ANG, judgment number 3549 P, Juris-Data number 003403
AUTHOR (S) Puigelier, Catherine
Reference JCP G Legal Week (general edition) , No. 37 , 13/09/2000 , pp.1669-1670
KEYWORDS Employment contract, transaction, non-competition clause, dismissal, dispute, employee, compensation
REVIEWED DECISION Court of Cassation, Social Chamber, May 18, 1999, Société Taxi Package North West against Jarlot
AUTHOR (S) Taquet, François
Reference JCP E Legal Week (enterprise edition) , No. 46 , 18/11/1999 , pp.1833-1833
KEYWORDS France, employment contract, transaction, letter of dismissal and transaction bearing the same date, failure to notify the dismissal by registered letter, nullity of the transaction
APPEALED DECISION Douai Court of Appeal, Social Chamber, December 18, 1998, Soinne ès qualities against Patfoort and others
AUTHOR (S) Mouveau, Éric
Reference Recueil Dalloz Sirey , n ° 26 , 08/07/1999 , pp. 393-396
KEYWORDS France, employment contract, termination, dismissal, transaction, reciprocal concession, exclusion, termination of the employment contract, scope, transaction, validity, scope, article 2044 of the Civil Code, employer, indissociable nature of agreements, link of indivisibility , transactional analysis, missed opportunity
REVIEWED DECISION Court of Cassation, Social Chamber, November 24, 1998, Roussel v Association Les Papillons Blancs
AUTHOR (S) Taquet, François
Reference JCP E Legal Week (enterprise edition) , No. 20 , 20/05/1999 , pp.869-871
KEYWORDS France, employment contract, transaction, nullity, error on the subject of the dispute, parts limiting the employee’s rights to legal compensation for dismissal, articles 2044 and 2053 of the Civil Code, social law
REVIEWED DECISION Court of Cassation, Social Chamber, June 30, 1998
AUTHOR (S) Boulmier, Daniel
Reference JCP G Semaine Juridique (general edition) , n ° 43 , 22/10/1998 , pp. 1877-1880
KEYWORDS France, employment contract, receipt for the balance of any account, receipt drafted in general terms, scope, employee waiver of the right to contest the real and serious cause of his dismissal, transaction, effect, impossibility of contesting the real cause and seriousness of the dismissal, conditions, termination, contestation, waiver
REVIEWED DECISION Court of Cassation, Social Chamber, May 19, 1998, Brua and others v Center for Health and Social Action of Chavaniac-Lafayette
AUTHOR (S) Pouget, Jérôme
Reference JCP G Semaine Juridique (general edition) , n ° 51 , 16/12/1998 , pp. 2226-2227, Case law number 10 211
KEYWORDS France, employment contract, transaction, protected employee, termination, employer’s concessions, previous obtaining of a dismissal authorization for serious misconduct, waiver of any recourse including recourse to the Council of State prior to the transaction
REVIEWED DECISION Court of Cassation, Social Chamber, February 18, 1998, Julien v Compagnie Axa assurances
AUTHOR (S) Duval, Hervé
Reference JCP E Semaine Juridique (company edition) , n ° 8 , 25/02/1999 , pp. 379-381
KEYWORDS France, employment contract, transaction, nullity, lack of concessions by the employer, appraisal of reciprocal concessions
REVIEWED DECISION Court of Cassation, Social Chamber, December 02, 1997, Souiller against SARL Moulin Vert
AUTHOR (S) Taquet, François
Reference JCP E Semaine Juridique (company edition) , n ° 10 , 05/03/1998 , pp. 381-383
KEYWORDS France, company, employment contract, labor law, conditions of validity of a transaction, signing of the transaction apart from a legal dismissal, nullity, agreement subsequent to the dismissal decision, lack of dismissal , nullity of the transaction
REVIEWED DECISION Court of Cassation, Plenary Assembly, 04 July 1997, Gaudinat v SA Ermeto Hydexco
AUTHOR (S) Boulmier, Daniel
Reference Recueil Dalloz Sirey , n ° 10 , 02/26/1998 , pp. 101-103
KEYWORDS France, labor law, dismissal, transaction, fixed and final compensation, profit-sharing bonus, employment contract, termination
REVIEWED DECISION Court of Cassation, Social Chamber, January 14, 1997, Compagnie France d’Electro-Chimie against Oussadi
AUTHOR (S) Djoudi, Jamel
Reference Recueil Dalloz Sirey , n ° 44 , 18/12/1997 , pp. 612-614
KEYWORDS France, social law, employment contract, labor law, termination, dismissal, transaction, consent, French language, illiterate, proof of employee consent, article 1349 of the Civil Code
REVIEWED DECISION Court of Cassation, Plenary Assembly, 04 July 1997, Gaudinat v SA Ermeto Hydexco
AUTHOR (S) Corrigan-Carsin, Danielle
Reference JCP E Semaine Juridique (company edition) , n ° 50 , 11/12/1997 , pp. 287-288, Case law number 1032
KEYWORDS Employment contract, transaction, article 2044 of the Civil Code, condition of validity, waiver of certain rights, execution, termination, term, fixed and final transaction, profit-sharing bonus, participation bonus, employee rights
REVIEWED DECISION Court of Cassation, Plenary Assembly, 04 July 1997, Gaudinat v SA Ermeto Hydexco
AUTHOR (S) Corrignan-Carsin, Danielle
Reference JCP G Semaine Juridique (general edition) , n ° 47 , 19/11/1997 , pp. 517-517, Case law 22952
KEYWORDS France, employment contract, labor law, transaction, validity, article 2044 of the Civil Code, plaintiff waiving all claims, relating to the execution and termination of the employment contract, consequences, fixed and final transaction, employee, participation bonus
REVIEWED DECISION Court of Cassation, Social Chamber, May 21, 1997, Mixed economy company for public passenger transport in the Toulouse metropolitan area (SEMVAT) against Chemama
AUTHOR (S) Taquet, François
Reference JCP G Semaine Juridique (general edition) , n ° 41 , 08/10/1997 , pp. 447-448, Case law number 22926
KEYWORDS Employment contract, transaction, agreement, reciprocal concessions, agreement, nature of commitments, judge, control, mission, competence, assessment, examination, proof, analysis, facts, signing of the deed, validity, reality, fault, seriousness , dismissal, termination of employment contract, dismissal, articles 1134, 2044 and 2052 of the Civil Code
REVIEWED DECISION Court of Cassation, Social Chamber, March 27, 1996, Société Interlac against Bernard
AUTHOR (S) Taquet, François
Reference JCP E Legal Week (publishing company) , No. 29 , 18/07/1996 , pp.186-188, Case No. 846
KEYWORDS Employment contract, transaction, dismissal for serious misconduct, termination, technical director, competence, indemnity, compensation, concessions, transaction, nullity, annulment, judge, control
REVIEWED DECISION Court of Cassation, Social Chamber, June 20, 1995, Vanhaelemersch v SA Distrilube Chimie
AUTHOR (S) Finel, Laure
Reference JCP E Semaine Juridique (company edition) , n ° 9 , 02/29/1996 , pp. 66-68, Case law number 793
KEYWORDS Employment contract, termination, dismissal, transaction, nature, characteristics, concessions, agreement, article 2044 of the Civil Code, employer’s obligation, indemnity, compensation, damages, compensation for the employee’s prejudice
