Presentation: The failure of conventional litigation never ends ... The Court of Appeal of Lyon has just made a decision 26 August 2011 relating to non-compliance of the withdrawal period in the conventional termination. Under this ruling, the Court of Appeal held that the termination agreement addressed to the administration before the expiry of the withdrawal period is zero, and this error can not be covered by the sending of a new convention backdated. both parties must be vigilant in meeting the deadlines imposed by law.
Proceedings of the break conventional endless ...
The Court of Appeal of Lyon has just made a decision 26 August 2011 relating to non-compliance of the withdrawal period in the conventional termination.
(CA Lyon August 26, 2011 No. 11-00551, ch. Soc., Paulus c / Sas Boutival)
Under this ruling, the Court of Appeal held that the termination agreement addressed to the administration before the expiry of the withdrawal period is zero, and this error can not be covered by the sending of a new convention backdated.
Both parties must be vigilant in meeting the deadlines imposed by law.
Reminder of the rules:
-A after signing the termination agreement, both parties have a withdrawal period of 15 days.
The withdrawal period, counted in calendar days, beginning the day after the date of signature of the Convention, and ends on the 15th day after midnight (Circular DGT 2008-11 of 22 July 2008)
In this case, the parties, before the expiry of the withdrawal period, the termination agreement sent to the administration which had, of course, refused approval.
Mistakenly, they thought they could return leads her convention but the administration refused to a regulated agreement which it describes as illegal.
The Court of Appeals will severely punish the employer pisqu'elle will make it produce the effect of a dismissal without real and serious.
The employer should have taken the precaution of reffaire a new agreement, which would have been back to Boston one time courirs etc ...
The question is whether the employer does not lodge an appeal ..
I remain at your disposal for any information and litigation.