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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