Recent case law | Delivering a copy of the mutually agreed termination to the employee

Published on : 06/11/2019 06 novembre Nov. 2019
​At the time of the signature of the agreement of a mutually agreed termination, it was until now acquired since a judgment of February 6, 2013 that a copy of the agreement was given to the employee as soon as it was signed so that, in particular, he or she could exercise their right of withdrawal in the 15 calendar days following the signature.

In a ruling dated July 3, 2019, the French Supreme Court (“Cour de Cassation”) added that the delivery of a copy of the termination agreement to the employee must be established. Otherwise, the risk is the cancellation of the agreement.

In that case, on the contrary, the Court of Appeal had held that the termination agreement on the Cerfa form stated that it had been drawn up in two copies, "and even though it is not indicated that each copy was has actually been given to each party, it must be presumed that this has indeed been the case ". This decision was struck down by the Supreme Court.

It follows from this solution that the mere mention in the agreement of duplicate originals is not sufficient. It is therefore appropriate:

- If only the administrative form (“Cerfa”) is completed: to have a receipt of a copy given to the employee. The date and method of delivery should be explicitly mentioned or the employee should put in the note box of the Cerfa the handwritten note "received this day by hand” followed by his signature;

- If an accessory agreement is established at the same time, it should expressly indicate in the agreement that it is established in duplicate originals of which one is given to each party the day of its signature.

History

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