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In its decisions of June 19th 2019 (n° 18-22897), the Court of Cassation recalled that "a party to a Mutual agreed termination may validly exercise its right of withdrawal when it addresses to the other party , within fifteen calendar days, a letter of withdrawal ".

It concludes that the letter of withdrawal, "addressed to the employee before the expiry date of the deadline", was to have effect, the employer having acted in good time.

Such decision resumes that made with respect to employees in 2018 (Cass.soc, February 14, 2018, n° 17-10035).

By this decision, the Court of Cassation thus harmonizes the conditions of retraction of the employee and the employer.

Cass.soc, June 19, 2019, n ° 18-22897

Cass.soc, February 14, 2018, No. 17-10035

Article L. 1237-13 (Labor Code)

Frédéric CHHUM, avocat au Barreau de Paris and member of the Paris Bar Council (conseil de l’ordre des avocats de Paris)

CHHUM AVOCATS (Paris, Nantes, Lille)


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