CASE COMMENTS: PUBLIC ACTIONS – FRANCE – ENTREPRENEURIAL FREEDOM – PRINCIPLE OF ACCOUNTABILITY – SEVERANCE PAYMENTS

Balancing the right of employment stability and the entrepreneurial freedom: The French Constitutional Court holds that an act creating a floor-severance equivalent to a six-month salary as damages for baseless firing in companies employing less than 11 people does not violate the Constitution (Goodyear Dunlop Tires)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Under the economic redundancy plan adopted by Goodyear Dunlop Tires France SA (hereinafter 'Goodyear'), 772 employees have lodged claims with the Amiens industrial tribunal (Conseil de prud'hommes) for compensation for dismissal without real and serious cause. In the course of that dispute, Goodyear raised a priority question of constitutionality ('QPC'). The question of constitutionality concerned a provision introduced by a 1973 law (Act No. 73-680 of 13 July 1973, amending the Labour Code with regard to the termination of employment contracts of indefinite duration). This article, which has not been amended since, is now present in the second paragraph

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  • University Paris II Panthéon‑Assas

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Jeremy Martinez, Balancing the right of employment stability and the entrepreneurial freedom: The French Constitutional Court holds that an act creating a floor-severance equivalent to a six-month salary as damages for baseless firing in companies employing less than 11 people does not violate the Constitution (Goodyear Dunlop Tires), 13 October 2016, Concurrences N° 2-2017, Art. N° 84110, pp. 189-191

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