Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

FRANCE

FRANCE Court of Cassation ­ Labour Division ITON Seine v. Mr X 14 September 2012 Termination by retirement ­ employee holding outside office ­ protective status ­ non-opposability of such protection if the employer has not been informed of the fact that the employee holds office outside the company HEADNOTES Facts Mr X was hired by the Company ITON Seine in 1990 and appointed to the position of human resources manager. His retirement was decided by the company in September 2003. A few months earlier, in January 2003, Mr X had been elected to the position of "Member of the Labour Tribunal", which in France corresponds to the position of labour judge in the first instance. These duties are carried out with equal representation by employer and employee representatives and correspond to an office held outside the company, with a fixed term. They give rise to "protective status" for the holders of such office. Prior to any termination of an employment contract, the employer of a labour judge is required to apply to the labour inspectorate for permission. Although Mr X was a Labour Tribunal Judge, his retirement was decided without this type of permission. Mr X then referred http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Labour Law Reports Online Brill

Loading next page...
 
/lp/brill/france-ZzbVvvWiqb

References

References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.

Publisher
Brill
Copyright
© Copyright 2014 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0168-6526
eISSN
2211-6028
DOI
10.1163/22116028-90000108
Publisher site
See Article on Publisher Site

Abstract

Court of Cassation ­ Labour Division ITON Seine v. Mr X 14 September 2012 Termination by retirement ­ employee holding outside office ­ protective status ­ non-opposability of such protection if the employer has not been informed of the fact that the employee holds office outside the company HEADNOTES Facts Mr X was hired by the Company ITON Seine in 1990 and appointed to the position of human resources manager. His retirement was decided by the company in September 2003. A few months earlier, in January 2003, Mr X had been elected to the position of "Member of the Labour Tribunal", which in France corresponds to the position of labour judge in the first instance. These duties are carried out with equal representation by employer and employee representatives and correspond to an office held outside the company, with a fixed term. They give rise to "protective status" for the holders of such office. Prior to any termination of an employment contract, the employer of a labour judge is required to apply to the labour inspectorate for permission. Although Mr X was a Labour Tribunal Judge, his retirement was decided without this type of permission. Mr X then referred

Journal

International Labour Law Reports OnlineBrill

Published: Dec 2, 2014

There are no references for this article.