Termination of a contract for services

Application pratique:

The Court of Cassation ruled in 1989 that terminating a service contract does not change the employer's legal situation, so Article L. 122-12 does not apply. Marie can safely terminate her contract with the first firm without automatically inheriting the caretaker's employment contract. She should simply follow the notice period in the management contract and ensure the new firm provides its own staff or arranges alternative services.

Application pratique:

Under the 1989 precedent, terminating the syndic's contract does not trigger automatic transfer of employment contracts to the co-ownership or the new syndic. The cleaner's contract remains with the old syndic, who must handle any redundancy or reassignment. Olivier and Sophie should confirm at the next AGM that the co-ownership has no obligation to employ the cleaner directly, and any such costs remain with the former syndic.

Application pratique:

The 1989 decision clearly states that mere termination of a service contract does not amount to a change in the employer's legal situation. Therefore, the co-ownership is not obliged to take on the syndic's employees. The co-owners should reject the demand in writing, citing this case law (Cass. soc., 24 oct. 1989, n° 85-41.667). If the syndic persists, they can seek a summary judgment or consult a lawyer to affirm that no employment transfer occurs.