The absence of maintenance before the contractual termination leads to the cancellation of the agreement

In a judgment dated December 1, 2016, the Social Chamber of the Court of Cassation has just ruled that the absence of an interview before the signing of the contractual termination must lead to the cancellation of the agreement (Cass.soc., December 1, 2016, n°15-21.609 FS-PBRI).

If art. L.1237-12 of the labor code provided for this obligation for the parties to meet during one or more interviews before the conclusion of the agreement, this is the first time that the Court of Cassation has ruled on the sanction of non-compliance. - respect for (…)