French labour law - Employee made available to a foreign subsidiary: the conditions for his repatriation met on the date of his dismissal by the subsidiary (c. Cass. Opinion n ° 15014 of July 8th, 2021)

By an opinion delivered on July 8th, 2021, the Court of Cassation ruled on the date of application of article L. 1231-5 of the French labor code which provides for the repatriation of the employee by a parent company when he was dismissed. by the subsidiary.

Indeed, the Court of Cassation is responding to a request for an opinion made on May 27th, 2021 by the Paris Court of Appeal in a proceeding opposing an employee to his employer.

1) Request for advice

It was also a question of answering the following question:

"Following his dismissal by the foreign subsidiary, is the employee justified in requesting the application of Article L. 1231-5 of the Labor Code with a view to his reinstatement ?

In other words, on what date should it be determined whether the conditions for the application of Article L. 1231-5 of the Labor Code are met (date of the employee's secondment abroad or date of the cessation of the secondment of the employee abroad (ie, date of the dismissal of the employee by the foreign company)? "

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French labour law - Employee made available to a foreign subsidiary: the conditions for his repatriation met on the date of his dismissal by the subsidiary (c. Cass. Opinion n ° 15014 of July 8th, 2021) | par Me Frédéric CHHUM (consultation.avocat.fr)

Sources:

• Avis n°15014 du 8 juillet 2021
  
• Article L1231-5 du code du travail  
  

Frédéric CHHUM, Avocat à la Cour et Membre du Conseil de l’ordre des avocats de Paris (mandat 2019-2021)
Sarah BOUSCHBACHER juriste
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