La société d’avocats Damy

La Société d'avocats Damy à Nice assure une prestation de haut niveau, de la consultation d’un avocat à la représentation en justice. Les avocats du cabinet sont compétents en droit des affaires, des sociétés, droit immobilier, droit bancaire, droit social, droit des victimes et cas de dommages corporels. Membre de l’Association des avocats praticiens en droit social, Maître Grégory Damy dispose de certificats de spécialisation.  

By Gregory DAMY specialist in labour law and more particularly in dismissal proceedings

Cass. 11 July. 2012, n° 11-20.073 In the case of a layoff, the employer must have informed the employee of the economic reason for the layoff before he or she joins the personalized reclassification agreement (CRP).

In the case of an economic redundancy, an employee was offered a CRP which was offered to him during the preliminary interview, and his dismissal is notified to him the following 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, if the employee agrees to a CRP, the employer must have informed him/her of the economic reason, or in the written information document on the personalised reclassification agreement which must be given to the employee concerned by the redundancy project, or in the letter which he is required to send to the employee when the response period expires after the deadline for sending the letter of dismissal, or, where it is not possible for the employer to send this letter before the employee's acceptance of the proposed agreement, in any other written document delivered or addressed to the employee at the latest at the time of acceptance.

Also, since the Court of Appeal had found that the employer had sent a letter to the employee stating the reason for the dismissal only after his acceptance of the CRP, the dismissal was not based on a real and serious cause. In our opinion, this jurisprudence is transposable to the professional security contract (CSP) whose regime is modelled on that of the CRP.

Grégory DAMY, Attorney Nice Doctor of Laws Specialist in labour law and dismissal procedure Law Firm DAMY SELARL with a capital of 949,000 euros 13 Boulevard Gambetta 06000 NICE Tel: 04-92-15-05-05 Fax: 04-93-96-22-50 website: gregorydamy. niceavocats. fr