Breach of Protected Employee Status

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

The situation

Breach of the protected status enjoyed by an employee who does not seek reinstatement entitles them to compensation equal to the wages they would have received from the date of their dismissal until the expiry of the protection period. This period, in the case of a trade union delegate, is twelve months from their dismissal pursuant to Article L. 412-18, paragraph 4, of the Labour Code.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

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

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