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Refusal of authorization for dismissal: impact on the acknowledgment of receipt of termination of the contract
Breach of contract: employee protection When an employee is protected by the administrative authority, the refusal of authorization to dismiss him does not invalidate the recognition of his breach of contract by the person concerned. In a recent case, an employee who was a member of the CHSCT (Health, Safety and Working Conditions Committee) quit his job citing withdrawal due to physical problems related to his health. Subsequently, the employer initiated a dismissal procedure, which ultimately resulted in a refusal of authorization by the administrative authority. Despite this refusal, the employee acknowledged the termination of his employment contract.
Right of withdrawal: Resignation of the employee due to health reasons
The employee’s decision to exercise his right of withdrawal , citing health problems, played a crucial role in the legal proceedings that followed. The employee’s physical problems, directly linked to his state of health, led him to leave his job. This exercise of the right of withdrawal is a recognized legal provision which allows employees to resign when they face significant health problems which hinder their ability to continue to work breach of contract: employee protection.
Void dismissal: Termination of employment contract and preventive status
The employee’s recognition of the termination of his employment contract was contested by the employer, who argued that the dismissal was valid despite the refusal of authorization from the administrative authority. However, the trial judges dismissed the case and their decision was subsequently confirmed by the Court of Cassation.
The Court of Cassation has ruled that a protected employee who observes the breach of his contract can justify the employer’s breaches of the administrative requirements of the employment contract of the representation mandate. This consideration does not take into account the reasons for the decision of the administrative authority to refuse the dismissal authorization. In addition, the employer had unilaterally imposed a change in the employee’s working conditions taking into account the recommendations of the occupational physician, thus constituting a serious breach of his obligations. These breaches justified the nullity of the dismissal for violation of the employee’s protective status.
In conclusion, the refusal of authorization of dismissal by the administrative authority does not affect the recognition of the termination of the contract by the person concerned. The employee’s exercise of the right of withdrawal for health reasons and the subsequent null rejection underline the importance of respecting the obligations of the employment contract and protective status.
Lawyer Grégory DAMY Nice labor law
