Calcul de l’indemnité de départ

Le tribunal du travail a accordé une indemnité de départ de 7.505,90 euros, soit 2 x 3.752,95 euros.  Dans l’acte d’appel, le salarié critique cette décision qui aurait pris en considération le salaire mensuel net au lieu du salaire brut de 4.525,46 euros et conclut à l’allocation du montant de 9.050,92 euros (2 x 4.525,46)….


Your employer may delete your position

« Mrs. A.) believes that the COMP1.) did not sufficiently proove the need to abolish her position and also criticized the Company for having made only a rough estimate of the average turnover business she generated. The Court holds that regardless of the explanations provided by COMP1.) to justify the abolition of Mrs. A’s position, created especially to…


Using the internet for private purposes during working hours

 “In regards to the third reason for dismissal relating to surfing the internet for private purposes, Company A complains that the first judges dismissed this reason for lack of precision. It argues that the consultation of the Internet for purposes of a private nature is clear from the internet browser history detail which is part…


The dismissal is justified in the case of corporate restructuring

The dismissal is justified in the case of corporate restructuring. « It should first of all be noted that contrary to the findings of B., it does not emerge from the aforementioned termination letter that his dismissal is based on economic reasons, strictly speaking. The dismissal is based instead on considerations related to the restructuring of…


Repeated absences and uncertainty of improvement

On January 18th, 2010, M.A., at the employer’s service since 1st June 1998, was summoned to a preliminary interview and on 26th January 2010, was dismissed by mail with notice from 1st February to 31st July 2010. M.A. was excused from performance of work until the end of the notice.  The letter of 26th February…