Reasons For Dismissal
lexinter | July 24, 2017 | 0 Comments

Reasons For Dismissal

Article L122-14-3
(Decree n ° 74-808 of September 19, 1974 art. 4 Official Journal of September 29, 1974) (Law n ° 86-1319 of December 30, 1986 art. 1 Official Journal of December 31, 1986) (Law n ° 89-549 of August 2, 1989 art. 27, art. 28 Official Journal of August 8, 1989) (Law n ° 91-72 of January 18, 1991 art. 1 Official Journal of January 20, 1991)

In the event of a dispute, the judge to whom it is up to assess the regularity of the procedure followed and the real and serious nature of the reasons invoked by the employer, form his conviction in view of the elements provided by the parties and if necessary after all investigative measures that he considers useful. In the event of an appeal relating to dismissal for economic reasons, the employer must communicate to the judge all the information he has provided to the staff representatives in application of Articles L. 321-2 and L. 321-4 or, failing that employee representatives in the company, all the information provided to the competent administrative authority in application of article L. 321-7 of this code.
Note – Law 89-549 of August 2, 1989 art. 36: date of application of the provisions of this law. *


no clause in the employment contract can validly decide that any circumstance will constitute a cause for dismissal; that it is for the judge to assess, within the framework of the powers that he holds from Article L. 122-14-3 of the Labor Code, whether the facts invoked by the employer in the letter of dismissal may characterize a real and serious cause of dismissal; Cass. Soc. Nov 14, 2000

the employer, who has the right to unilaterally terminate an indefinite employment contract by way of dismissal, while respecting the legal guarantees, is not admissible, except in cases where the law provides otherwise, to request the termination judicial process of said contract ; Employment contract: Inadmissibility of the action for judicial resolution of an indefinite contract brought by the employer,  Cour de cassation, Social Chamber, March 13, 2001 , Mouly, Jean, JCP G Semaine Juridique (general edition), n + 27, 04/07/2001, pp 1338-1340

The grounds for dismissal, Revue fiduciaire, n ° 879; 07/21/2000; pp 430-440

Nullity of a unilateral modification clause Cass. Soc. February 27, 2001

objective clause

it is up to the judge to assess, on the one hand, whether the objectives, were they defined in the contract, were realistic, on the other hand, whether the employee was at fault for not having achieved them, 

Cass. Soc. Nov 14, 2000

absence for health

the fact that the employee does not return to work or inform the employer of his state of health does not in itself lead to the termination of the employment contract which is still suspended, in the absence of dismissal

Cass. March 9, 1999


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