The Supreme Court gave an unheard-of solution in a decision on November 13, 2008: a parent company is obliged to reintegrate an employee dismissed by a subsidiary located in China even though the labor contract between the employee and the parent company was terminated by mutual agreement when the contract with the subsidiary was signed. (Ref. 080927)
Facts. In this case, the French company L’Oréal SA hired, in 1998, an employee as logistics assistant. In 2002, the employee agreed to terminate her contract and transfer to china” in October, as part of a new contract with L’Oréal china, a subsidiary of L’Oréal SA. When the Chinese subsidiary dismissed her, the employee asked to be reinstated by the French parent company.
Loaning to a foreign subsidiary in spite of the lack of contract with the parent company. The litigation concerned the inter
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