The Supreme Court has decided that breaking a promise letter worth hiring e (and not just a promise of employment) was a dismissal without cause real and serious (see Case No. 08-42951 of the Court of Cassation of 15 December 2010).
In this case the employer had suggested to Mr. X. .. to initiate, not later than October 1, 2006, as deputy director through a monthly fee of 7,600 euros on thirteen months with the benefit Vehicle service and support for his moving expenses and accommodation during the first month of its installation.
By letter dated August 9, 2006, the company had decided not to proceed with its proposal without even the trial period has begun. Considering they have been dismissed without cause real and serious, the Mr. X before the industrial tribunal.
The Court of Cassation considered that the proposal had been made was a promise of employment therefore akin to an employment contract (And a job offer) because it stated: salary, nature of employment, working conditions, the date of taking office ... However, breaking a promise of employment may made (earlier) than during the trial period, which was not the case here because it occurred before.
In this situation, the employer is liable (and found himself condemned) to pay compensation in lieu of notice or payment for non-compliance with the procedure of dismissal and compensation for unfair dismissal.
Judgement of 15 December 2010 highlights the difference between a job offer and job offer. Remember that to be considered such a proposal employment must submit a character or the eventu be conditional and subject to acceptance by both parties. An eventual withdrawal then assimilated to a simple breakdown of negotiations and therefore can not give rise to claims for damages (see Case No. 72-40731 of the Court of Cassation of October 17, 1973).
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