Want To Go Abroad? Better Know The Language

This week's decision, dated 10 May 2012), concerned an employee dismissed for economic reasons who claimed unfair dismissal on the grounds that his employer had not complied with its obligation to offer him alternative positions. The employee argued that a position corresponding to his qualifications was available in Munich, in Germany, and that it should have been offered to him.

According to the French Employment Code, the employer is bound by an obligation to search alternative positions for the employees affected by an economic dismissal, and to offer any available position suitable for the employees in the group, even abroad, if appropriate, before notifying the dismissal. Under prevailing case law, the employer is obligated to propose such alternative employment even if this would require supplementary training for the affected employee.