In this specific case, and employee has had successive short term employment contracts.
When the final contract ended, the employee asked the judge to have the contracts reclassified as one undefinite term contract.
The judge agreed. He then condemn the company to the pay the employee:
- 2 indemnities for dismissal without just cause.
- 1 notice period indemnity.
The cassation court disagreed with the judge.
The employee could only have claimed:
The employee could only have claimed:
- One indemnity for reclassification. Which cannot be inferior to one-month salary.
- One indemnity for dismissal without cause.
The judge of the court of appeal has been too generous and the judge of the cassation court has cancelled the judgment.
Reminder
Without proper cause successive short term employment contracts can be reclassified as one indefinite term contract.
In case this the company must pay the termination indemnity as if the short term contract has been an indefinite one. And the employee is untitled to an indemnity for dismissal without just cause as the process for termination of an indefinite term contract has not been completed.
Source
RF Paye : http://rfpaye.grouperf.com/depeches/35094.html
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