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Where successive fixed-term employment contracts are regarded as an indefinite-term employment contract after the termination, such termination may still be justified.

The Supreme Court considered on 20 October 2015 (Cass. Soc. 20 October 2015, n°14-23712) that the judge must check, when successive fixed-term employment contracts are regarded as an indefinite-term employment contract after the termination, whether such termination is justified.

In this respect, the judge must study the letter sent to the employee by the employer.

The Supreme Court is thus taking a soft approach in the case at hand considering that the termination letter was to be studied, even if it was not sent by registered letter with acknowledgment of receipt (formality required by the French Labour Code for the dismissal letter).

Indeed, in the case at hand, the termination letter was sent by email and the judges should have reviewed this email in order to consider whether the dismissal was justified.