A recent decision from the constitutional court might question practices for labour litigations : from now on, an employee dismissed illegally and with no warning to whom a compensation was granted by the labour jurisdiction, but who thinks that it does not repair the damage entirely, can go to a civil jurisdiction to ask for additional compensation. (Ref. 070998)
Seized with an individual appeal, the constitutional court, in its ruling of November 27, 2007, declared contrary to the constitution the Labour Code’s regulations concerning the compensation granted to employees illegally dismissed. According to article 58 of the labour code, as interpreted by the jurisprudence of the Supreme Court, the compensation awarded to the employee for illegal dismissal cannot be more than three months’ pay. Until then, an employee illegally dismissed could only receiv
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