Termination of an employment contract
Published on :
23/01/2025
23
January
Jan
01
2025
The balance of any unsigned account has no effect on the limitation period (Cass Soc. 14 November 2024, n° 21-22.540).
The principle is that the duration of the limitation period is determined by the nature of the claim invoked; that the actions seeking the payment of the severance pay and the delivery of the termination documents relate to the termination of the employment contract and are time-barred in accordance with the rules set out in Article L. 1471-1 of the Labour Code, regardless of the fact that the employee has not signed a receipt for the settlement of any account.
In this case, an employee dismissed for disciplinary reasons by letter of 11 April 2013, with an exemption from the execution of his two-month notice period, brought claims before the labour court on 7 December 2017 for the payment of various sums in respect of the balance of any account and for damages for financial and moral prejudice as well as for unfair performance of the employment contract by the employer.
The Court of Appeal had ruled that the balance of any unsigned account had not produced any discharging effect, so that no statute of limitations had begun to run.
The Court of Cassation censured this decision, which confused the discharging effect of the balance of any account with the prescription of the sums mentioned therein, and recalled that the principle is that of Article L1471-1 of the Labor Code: the employee must refer the matter to the judge within two years of the termination of his contract.
History
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Termination of an employment contract
Published on : 23/01/2025 23 January Jan 01 2025NewsThe balance of any unsigned account has no effect on the limitation period (Cass Soc. 14 November 2024, n° 21-22.540). The principle is that the duration of the limitation per...
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Property / real estate sale
Published on : 23/01/2025 23 January Jan 01 2025NewsThe seller, whose sale is annulled because of his bad baith, can always obtain the reimbursement of the price but he cannot claim any indemnity for the occupation of the prope...