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The promise to hire without mentioning any compensation or date of hire is a simple invitation to negotiate.

In this case, the manager of a restaurant had undertaken, in writing, to hire a delivery person on a full-time basis, also providing his working schedule.

As he was eventually not hired, the beneficiary of the promise brought an action against the restaurant in order to obtain damages for wrongful breach of a promise of employment.

While the Court of Appeal upheld an abusive breach of a promise of employment, the French Supreme Court held that, in the absence of a reference to compensation and the actual date of hire, there was neither an offer of employment contract nor a unilateral promise.

The French Supreme Court held that the withdrawal of  a promise of employment by a would-be employer is valid provided the essential elements of the employment contract offer, such as salary and starting date, are not included in the said promise.

Cass. Soc. 28 November 2018, no. 17-20.782