Recent case law | Promise letters
Auteur : Flichy Grangé Avocats
Publié le :
02/10/2017
02
octobre
oct.
10
2017
The Court of Cassation revisits its case law that a promise to hire letter is a valid employment contract
The Court of Cassation has discontinued its case-law according to which the promise of hiring specifying the proposed job and the date of entry into service is worth a work contract. The Court now distinguishes, in two judgments dated 21 September 2017, the supply of labor and the unilateral promise of an employment contract. The first specifies employment, remuneration, date of entry into service and expresses the will of the author to be legally bound in the event of acceptance. It may be freely retracted until the addressee has received it. The second, whose withdrawal does not prevent the formation of an employment contract, is the contract by which the employer grants the employee "the right to opt for the conclusion of a contract" whose employment, remuneration and the date of entry into service are determined and for whose formation only the consent of the employee is lacking.
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