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Call for interview by Chronopost

Call for interview by Chronopost



The employer may send an invitation to the interview prior to dismissal Chronopost and this mode of transmission to justify the dates of dispatch and receipt of the letter.
Soc. Feb 8. 2011, FS-P + B, No. 09-40027

Chronopost The proposed "deliveries throughout mainland France, the next morning before 13h and abroad as soon as possible." This guarantees speed drives more and more employers to send the notice of the meeting prior to the dismissal by Chronopost. However, Article L. 1232-2 of the Labour Code envisages as a means of sending such a notice, that the registered letter or hand-delivered against receipt to prove date of receipt in case of dispute.

So far, the Supreme Court has consistently affirmed the importance it attaches to the guarantees offered by the legal requirements during the termination proceedings and in particular at the stage of calling for interview. Indeed, the employee must be given a period of five working days from submission of the registered letter or hand delivery of the summons and the date of the interview (Labour., art. L. 1232-2, last Sat. al.). This period must be proved. Thus the social room she could find that faxing is an irregularity (Soc. September 13, 2006, No. 04-45698, D. 2006. IR 2346; RJS, 2006, No. 1164) or that the absence of receipt of hand delivery of the letter of invitation can be supplemented by testimony (Soc. Mar. 23, 2005, D. 2005. IR 1111). The validity of a notification has been sent by Chronopost, mode of transmission not provided by the labor code could be in doubt.

This time applying to the invitation to the interview advance an argument based on evidence that she held since 2009 in the form of sending the letter of dismissal (Soc. June 16, 2009, RJS 2009. 631, 702; JCP S 2009. 1421, obs. Drai ), senior judges admit that the notification provided for in Article L. 1232-2 of the Labour Code, is a legal way to prevent any dispute as to the date of receipt of the notice. So the procedure is followed when the process of sending the mail can be very clear about the date of receipt of the notice, sent by well Chronopost to justify shipment dates and receiving the letter.

by C. Dechristé

Grilled Pita Bread Recipe

Top 10 dream trips

Because travel is also for making us dream.

Here's a list suggested by readers TripAdvisor:

1. Kenya, Africa
Doing a safari in Kenya
Kenya is one of the top world destinations for safaris. The fauna is incredibly rich and varied.

2. Ulan Bator, Mongolia
Camping in the Gobi Desert
Starting in the Gobi desert ... One of the largest deserts in the world, covering much of southern Mongolia. A real antidote to urban stress.

3. Easter Island, Chile
Meet the Moai on Easter Island
These rows of mysterious giant stone heads, facing the sea, pushing many travelers to join this magical remote island in the South Pacific.

4. Cappadocia, Turkey Cappadocia
fly ball
Turkish Cappadocia is famous for being one of the most beautiful places in the world to fly in a balloon. From above, one can admire beautiful landscapes surreal.

5. Victoria Falls, Zimbabwe
Flying by helicopter over the Victoria Falls
vast, majestic and indescribable. For many travelers, the spectacle of Victoria Falls from the sky is one of the best experiences of their lives.

6. Reykjavik, Iceland
Seeing the northern lights in Iceland
Northern Lights, also called Aurora Borealis, are one of the most spectacular natural phenomena in the world. Choose a clear night and released between September and April to enjoy an enchanting and panoramic views.

7. Siem Reap, Cambodge
Explorer la beauté du site d'Angkor Wat, au Cambodge
Plus grand temple religieux du monde, Angkor Wat reflète la quintessence du style classique de l'architecture khmère.

8. Agra, Inde
S'arrêter au Taj Mahal
Même si vous avez déjà vu le monument photographié sous toutes ses coutures, rien ne peut vous préparer à l'émotion ressentie face à ce magnifique symbole d'amour éternel d'un empereur pour sa femme.

9. Kyoto, Japan
Breathing cherry blossoms in Kyoto
The sweet fragrance of sweet cherry and invaded Japan in the month of March. Flowering begins in the south to Kagoshima, and goes up to Hokkaido in May. But it is in Kyoto, the middle of spring, the cherry trees that have the most brilliance.

10. Sacred Valley, Peru Hiking
on the Inca Trail to Machu Picchu
The Inca Trail is the most famous hike in Peru. It is an amazing mix of Inca ruins, mountain scenery, lush forests and subtropical jungles.

Hilliard Ohio License Renewal

on the plea of breach of labor law

Implementation by the employee except for defaulting.

The refusal by an employee to resume work can be legitimized by a breach by the employer to its obligations.

what extent an employee can refuse to perform his or her work?

The Social Chamber considers that such refusal may be legitimized by a breach by the employer to its obligations.

The Supreme Court authorizes the employee to provide to perform the obligations which it is responsible under the contract of employment when the employer fails to fulfill its own obligations.

A priori, this solution is not surprising.

This is indeed the implementation of the exceptio non adimpleti contractus.

The employment contract is a bilateral contract where the obligations of providing a supply of work and payment of wages are reciprocal and interdependent, which in case of defective performance or non performance of pure and simple One of these obligations, the creditor offers the possibility to oppose to the other contracting party other than default.

When it is an individual, it is recognized the possibility to invoke the exception of default, that is to say to stop work when the employer does not pay on time, in part or in full compensation due. But, faced with breaches of the employer, the employee most often decide to go to court in order to decide the legal termination of the employment contract or take note of the termination of that contract.

When several employees acting collectively, they can organize a strike in response to the failure by the employer's obligations: their action is grounded in other than default.

However, the Court does not specify whether the failure of the employer must take a certain gravity to be implemented, similar to what is required for legal termination, for taking note of the failure or movement to strike. It would also be consistent so serious that the game does not condition the plea of failure. This measure is indeed threatening, but it necessarily has the effect, not to break the contract, but to suspend the execution. Do not jeopardize the existence of the contract or business activity, it would be logical to mitigate conditions. However, good faith would require instead that the exception non-performance is not a replica of proportion to any breach of contract.