MIL OSI Translation. Government of the Republic of France statements from French to English –
Source: Republic of France in FrenchThe French Republic has issued the following statement:
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An employee hired on a permanent contract after having completed 3 fixed-term contracts is dismissed during her trial period. She contests the termination of the contract before the judge and requests that the trial period be declared null and void given the 3 fixed-term contracts she previously completed.
The Court of Appeal dismissed the employee’s application. In its view, the first two fixed-term contracts (which took place in May and June) were not a continuation of the third fixed-term contract (which took place in August) and the permanent contract concluded afterwards. According to the Court of Appeal, there was therefore no continuous employment relationship between the employee and her employer. It considered that the employer was still within the time limit to terminate the permanent contract.
The Court of Cassation overturns and annuls the decision rendered by the Court of Appeal. According to it, the employee carried out her duties without any functional discontinuity. Thus, she had the same working relationship with the employer during these different contracts.
The duration of the 3 fixed-term contracts must therefore be deducted from the trial period provided for in the permanent contract. The dismissal is unfair.
Please note
The Court of Cassation here confirms its previous case law (October 9, 2013, no. 12-12.113).
EDITOR’S NOTE: This article is a translation. Apologies should the grammar and/or sentence structure not be perfect.