Dismissal : can I dispute a transaction ?

Question of social right. Balzac wrote, in 1825, in his Code of honest people, as ” the worst transaction is better than the best trial.” In effect, the transaction, which is a “contract by which the parties terminate a dispute arising, or prevent a challenge to be born” (part 2044 of the civil code), ” impediments to the introduction or proceeding between the parties to a legal action concerning the same subject matter “. However, non-lawyers are afraid of the cost, the length, and hazards, also psychologically distressing, a judicial proceeding in which the codes are beyond their control.

In labour law, the transaction is essentially linked to the dismissal : the employer wants to terminate permanently the consequences sometimes legally risky of this separation. And the employee is not dissatisfied to obtain immediately a financial consideration, or the exercise of his non-competition clause : “A bird in the hand is better… “

Knowledge of the law for the employee

It is still necessary to know, before signing, the exact extent of his rights. The Court of cassation does not accept, therefore, to settle when the dismissal has become effective. Why ? Because the employee then knows the reasons, necessarily indicated in the notification letter. He can then assess his chances to challenge in court. But the Court proves to be strong accuracy is required, as shown in the judgment of 10 October 2018. The employer had hand-delivered the notification letter, the employee signing a receipt. However, the transaction was held to be void, article L. 1232-6 of the labour code requiring a registered letter with advice of receipt.

Go to court request the cancellation of a transaction, in principle, intended to avoid all litigation seems paradoxical. But it is especially risky : beyond the burden of proof rests on the employee, in case of success,…

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