Except in cases of fraud or defect of the consent, not alleged in this case, a Mutual agreed termination (rupture conventionnelle) could be validly concluded by an employee declared unfit for his or her position following an accident at work.
This is what the Court of Cassation has just stated in a decision of 9th, May 2019 (n°17-28767)
In dismissing the appeal, the Court of Cassation stated that "the Court of Appeal had correctly held that, except in cases of fraud or defect of the consent, not alleged in this case, a mutual agreed termination could be validly concluded by an employee declared unfit for his position following a work accident".
The Court of Cassation rejected the employee's argument, who pleaded that "mutual agreed termination, even by mutual agreement, was null and void because it had an unlawful purpose and contravened the specific obligations of law and order imposed on the employer by Articles L. 1226-10 and L. 1226-12 of the French Labour Code in favour of the employee regularly declared unfit for work following a work accident".
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Frédéric CHHUM, Avocat à la Cour et Membre du Conseil de l’ordre des avocats de Paris
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