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The Employee's Employment Contract
Droit Immobilier

The Employee's Employment Contract

📅 Decision of 10 November 2021🔄 Updated on 18 October 2026⚖️ Cour de cassation👁️ 16 views📖 2 min read

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.

Reference decision: cc • No. 20-12.604 • 2021-11-10 • View the decision →

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.

📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Legal information

  • Number: 20-12.604
  • Court: Cour de cassation
  • Decision of: 10 November 2021

Keywords

droit immobilierjurisprudenceimmobilier
Maître Cécile Zakine

About the author

Maître Cécile Zakine — Lawyer at the Alpes-Maritimes Bar, Doctor of Law. Every article in this magazine is based on the analysis of a real court decision, commented and put into perspective by Maître Zakine’s team.

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Disclaimer: The analysis presented on this site is for informational purposes only and does not constitute personalised legal advice. For advice tailored to your situation, contact a qualified lawyer.

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