The Supreme court of appeal has ruled that an employer who did not make a written reclassification offer before a dismissal for economic reasons has not observed the Labor Code, and that the redundancy is therefore unjustified. (Ref. 06992)
In a judgment of September 20th, 2006, the Supreme court of appeal ruled for the first time on the obligation, for the employer who plans to lay off an employee for economic reasons, to provide him with a “written and precise” offer.
The obligation of reclassification. The law of social modernization of January 17th, 2002 generalized the right to reclassification of employees threatened with an economic dismissal, a right which resulted from case law until then. An economic dismissal, whether i
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