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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
International Labour Law Reports Online – Brill
Published: Dec 2, 2014
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