Notice Period and Job Search: The Court of Cassation Clarifies Employees' Rights

You are an employee in Cannes, dismissed after several years of service, and you wonder if you are entitled to hours to look for a new job during your notice period (the period between the announcement of dismissal and the effective date of departure)? Or you are an employer at a printing company in Vallauris, and you want to know if you must grant these hours beyond the notice period provided for by the collective agreement? This seemingly technical question concerns thousands of employees and employers each year. The Court of Cassation, in a ruling of 7 May 1987, provided a nuanced answer that deserves to be known. Let us discover this decision and its practical implications together.

The Facts: A Story Like Many Others

In this case, employees of a commercial printing company were dismissed after more than two years of service. The national collective agreement for commercial printing and graphic industries provides for a conventional notice period of one month, but also a right to two hours of absence per day for job search during this notice period. Furthermore, the law of 13 July 1973 (now Article L.1234-1 of the Labour Code) imposes a statutory notice period of two months for employees with more than two years of service. The employees therefore claimed the benefit of the job search hours not only during the one-month conventional notice period, but also during the second month of statutory notice. The employer refused, arguing that the law does not grant this right beyond the conventional notice period. The employees brought the case before the industrial tribunal, which ruled in their favour. The employer appealed to the Court of Cassation.

The Reasoning of the Court — Explained

The Court of Cassation set aside the decision of the lower court. It recalled that the law of 13 July 1973 sets a minimum notice period proportional to length of service, but it does not automatically extend the benefit of the hours for job search to the entire duration of this statutory notice. Indeed, the collective agreement provides for these hours only for the conventional notice period of one month. For employees to benefit from them during the additional statutory notice period, it would be necessary to demonstrate a practice in the company or a more favourable contractual provision. Since the lower court did not investigate the existence of such a practice, its decision was set aside. In short, the magistrates distinguished two sources: the law (minimum notice period) and the collective agreement (job search hours). One does not automatically superimpose on the other. In other words, an employee is entitled to a notice period of two months, but the job search hours are only due during the first month, unless the employer has created a practice of granting these hours for the entire duration.

What This Means for You — Practically

For an employee dismissed in Cannes with 3 years of service, your statutory notice period is 2 months. If your collective agreement (or contract) only provides for job search hours for one month, you are only entitled to 2 hours per day for 30 days, i.e. a maximum of 60 hours. For the second month, you would have to prove that the company has always granted these hours for the entire duration of the notice period (practice). For an employer in Vallauris, you must check your collective agreement and your practices. If no practice exists, you can limit the hours to the conventional notice period. Numerical example: a full-time employee (35 hours/week) with a notice period of 2 months: if they benefit from 2 hours/day for 30 days, this represents 60 hours over the first month, i.e. nearly 2 weeks less work. If you are in this situation, you should consult your collective agreement and your past practices. However, be aware that some collective agreements (such as in the metallurgy sector) provide for hours for the entire duration of the statutory notice period.

Four Tips to Avoid This Type of Dispute

• Check your collective agreement: Consult the text applicable to your sector (e.g. printing, metallurgy, commerce) to know the duration of the notice period and the rights to job search.
• Document practices: If your company grants hours beyond the conventional notice period, formalise this practice in writing (internal memo, company agreement) to avoid disputes.
• In case of dismissal, request a receipt: Have the letter of dismissal or final settlement specify the number of hours granted for job search.
• Consult a lawyer before acting: Personalised advice can save you from costly mistakes, especially if your situation is atypical (length of service, different conventional notice period).

Further Reading: Related Case Law and Developments

In an earlier ruling of 20 March 1985 (No. 83-45.672), the Court of Cassation had already held that job search hours are only due during the conventional notice period, unless there is a practice. This case law is consistent: the law does not extend contractual benefits. Since then, the 2016 Labour Law simplified certain rules, but the principle remains. Labour courts continue to apply this distinction. What few people know is that a practice can arise even without a written document: if the employer systematically grants hours for the entire notice period for several years, this becomes a right for employees. undefined, I have encountered cases where the employer had created a practice without knowing it, and had to apply it to everyone. The current trend is protective of employees: in case of doubt, judges check for the existence of a practice.

Checklist Before Acting

• Question: Is my statutory notice period longer than my conventional notice period? Answer: If yes, check your collective agreement: if it limits job search hours to the conventional notice period, you are not entitled to them beyond that, unless there is a practice.
• Question: Can I negotiate additional hours with my employer? Answer: Yes, nothing prevents an individual agreement. You can ask to benefit from hours for the entire notice period, but the employer is not obliged to agree.
• Question: What if my employer refuses to grant me hours during the statutory notice period? Answer: Bring the case before the industrial tribunal to have a practice or more favourable clause recognised. You can also claim damages for non-compliance with the notice period.
• Question: What are the time limits for taking action? Answer: You have 12 months from the termination of the employment contract to bring the case before the industrial tribunal.
• Question: Can a practice be oral? Answer: Yes, but it is more difficult to prove. Gather testimonies, emails, payslips showing the granting of hours.

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