OD FLASH | Cancellation of the dismissal authorization of a protected employee and prescription of the compensation claim request.

Cass. soc. 11 décembre 2024 n° 23-10.439 F-B, R. c/ X. en qualité de liquidateur de la Sté Socopre

As a reminder, by virtue of Article L. 2422-2 of the French Labor Code, if the employer obtains authorization to dismiss a protected employee, but the employee successfully challenges this authorization by appealing to the minister or the administrative court, the employee has the right to be reinstated, if they request reinstatement within two months from the notification of the cancellation. Once the cancellation of the administrative authorization becomes final, the protected employee, whether they choose to be reinstated, may obtain compensation for their harm by receiving an indemnity covering the period from their wrongful dismissal to their reinstatement or, if reinstatement is not requested, until the expiration of the reinstatement period.

In this case, an employee, a staff representative, was dismissed for economic reasons on April 18, 2017. This dismissal followed the authorization granted by the labor inspector on April 12, 2017. However, by a final judgment on February 15, 2018, the administrative court of Martinique cancel, to the dismissal authorization.

The employee submits the labor court on April 15, 2019, seeking, among other things, a payment of additional wages and compensation for her harm for the period from April 20, 2017, to April 20, 2018, based on Article L. 2422-4 of the Labor Code.

The Court of Appeal ruled on October 21, 2022, that the employee’s claim was inadmissible, as it was deemed to be time-barred. According to the first instance judge, the employee should have filed her claim with the labor court before April 21, 2018, i.e., within the two-month period set by Article L. 2422-4 of the French Labor Code to request reinstatement, starting on February 21, 2018, the date of the final judgment that cancel, to the dismissal authorization.

The employee then filed an appeal for cassation, arguing that since she had not requested reinstatement, her action for compensation should be subject to the general prescription period.

The Court of Cassation cancel, to the judgment of the Court of Appeal of Fort-de-France.

The High Court clarified that only the request for reinstatement must be made within the two-month period following the notification of the judgment cancelling the dismissal authorization, under penalty of inadmissibility. It further specified that the compensation owed under Article L. 2422-4 of the French Labor Code, which allows the employee to obtain compensation for their harm in the absence of a reinstatement request, is considered a salary claim. As such, it is subject to the three-year time-barred period provided by Article L. 3245-1 of the French Labor Code.