It is forbidden to waive the dismissal rules in advance.
The Labor Code provides that in the event of non-execution by the employee of the notice, the employer is required to pay compensation only when he has unilaterally decided to exempt the employee from performing his work or when this non-performance is attributable to him. Similarly, employers and employees cannot waive in advance the right to avail themselves of the dismissal rules (Labor Code, L. 1231-4). In this case, in the context of an economic redundancy procedure, an employee had been informed of the abolition of her post and of the redeployment and support measures put in place in the company in the form of a “mobility plan”. Having found another job provided she was available quickly, she asked her employer in writing to dismiss her as soon as possible. The employer agreed to take her request into account. First, regarding the redeployment obligation incumbent on him, he limited himself to indicating to her that no post was available. Then, regarding the notice, he indicated, in the letter of notification of the dismissal, that he had accepted her request to be exempted from carrying out her notice of dismissal. The Court of Appeal ordered the employer to pay the employee compensation in lieu of notice and the related paid leave as well as damages for dismissal without real and serious cause. The French Supreme Court (Cour de Cassation) confirms in all respects the decision of the trial judges and states as a reminder that the provisions of article L.1231-4 of the Labor Code are of public order: neither the employer nor the employee may waive them in advance (Cass. Soc., 7 December 2022, No. 21-16.000).
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