The Employee's Employment Contract

This decision provides important insight into your real estate law. Here is what it changes for you.

The situation

The employment contract of a protected employee, dismissed on the basis of an administrative authorisation subsequently annulled, and who does not request reinstatement, is terminated by the dismissal. When the annulment has become final, the employee is entitled, on the one hand, pursuant to Article L. 2422-4 of the Labour Code, to payment of compensation equal to the entire loss suffered during the period between his dismissal and the expiry of the two-month period following notification of the annulment decision, and, on the other hand, to payment of termination payments, if he did not receive them at the time of dismissal and if he satisfies the conditions to claim them, and to the compensation provided for by Article L. 1235-3 of the Labour Code, if it is established that his dismissal was, at the time it was given, without real and serious cause. These provisions prevent the employment tribunal from ruling on the claim for judicial termination brought by the protected employee, even if its referral predates the termination.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly comply with the statutory time limits for appeals
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Be proactive: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.