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In the context of an economic dismissal , an employee has signed up to a CRP which was offered to him during the preliminary interview , and his dismissal is notified to him the next day.
For the Court of Cassation, confirming the decision of the trial judges, the dismissal was not based on a real and serious cause. Indeed, in the event of acceptance of a CRP by the employee, the employer must have informed him of the economic reason,
– either in the written information document on the personalized redeployment agreement which must be given to the employee concerned by the redundancy plan,
– either in the letter that he is required to send to the employee when the deadline for reply expires after the deadline for sending the letter of dismissal, – or again,
when it is not possible to the employer to send this letter before the acceptance by the employee of the proposed agreement, in any other written document, delivered or addressed to the latter at the latest at the time of its acceptance.
Also, since the Court of Appeal had found that the employer had sent the employee a letter stating the reason for dismissal only after his acceptance of the CRP, the dismissal was not based on a real and serious cause. This case law is, in our opinion, transposable to the professional security contract (CSP) whose regime is modeled on that of the CRP.
