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The effects of a settlement agreement drafted in general terms

If a settlement agreement prevents the commencement or continuation of legal proceedings between the parties, this only relates to the subject matter of the agreement. It does not prevent one of the parties from commencing proceedings on a different matter (French Supreme Court., 16 October 2024, Nr. 23-17.377). In a recent ruling dated November 6, […]

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Redundancies: the pre-termination internal redeployment offer must include all the mentions listed in the French Labor Code

In a decision issued on October 23, 2024, the French Supreme Court held a redeployment offer to be insufficiently detailed for it did not include all the mentions listed in Article D.1233-2-1 of the French Labor Code. The Court considers that failing to set out any one of the mentions provided in the French Labor Code

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The non-compete obligation cannot be waived by e-mail if a registered letter with acknowledgment of receipt is required by the applicable CBA

Failing specific provisions in the applicable collective bargaining agreement (CBA) and in the employment contract on the form required to waive the non-compete obligation weighing on the employee, the employer is not bound to follow any specific formality. On the contrary, if the applicable CBA sets out specific rules thereon, the employer is bound to

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The total and definitive cessation of the company’s business constitutes in itself an economic reason for dismissal

The dismissal of an employee for economic reasons can be justified based on the company’s ceasing to operate, according to Article L.1233-3, 4° of the French Labour Code. In a decision dated September 20, 2023, the French Supreme Court thus specifies that this reason alone is sufficient to justify the redundancy, without it being necessary

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