In a decision of October 23rd, 2024 (23-19.629) published in the Bulletin, the Court of Cassation firmly reiterates the importance of a clear and detailed redeployment offer in the event of economic layoff.
According to Article L1233-4 of the Labor Code, in its wording resulting from Ordinance No. 2017-1718 of 20 December 2017, redeployment offers proposed to the employee must be written and precise.
Under the terms of Article D1233-2-1, paragraph II, of the same code, as amended by Decree No. 2017-1725 of December 21, 2017, these written offers specify the job title and description, the name of the employer, the nature of the employment contract, the location of the position, the level of remuneration and the classification of the position.
In the absence of one of these 6 mentions, the offer is imprecise, which characterizes a failure by the employer to fulfill its obligation to redeploy and deprives the dismissal of real and serious cause
This decision must be approved.
To read the full brief, click on the link below
Frédéric CHHUM avocat et ancien membre du conseil de l’ordre des avocats de Paris (mandat 2019-2021)
CHHUM AVOCATS (Paris, Nantes, Lille)
e-mail: chhum@chhum-avocats.com
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