France: the parent company must re-hire an employee fired by a Chinese subsidiary, even though the labor contract was over

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)
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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.

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