Tag: Design
PRESIDENT OF AN ASSOCIATION: ARE YOU CONSIDERING IMPLEMENTING A DISMISSAL PROCEDURE? HAVE YOU THOUGHT ABOUT CHECKING THE SCOPE OF YOUR POWERS?
In principle, the president of an association can sign a dismissal letter without having to seek the prior authorisation of the board of directors, unless provided otherwise in the articles of association (Cass. Social Chamber, 23 March 2022, n° 20-16.781). What happens when the articles of association are silent on the question of dismissal (as well as the question of
YOU HAVE JUST SIGNED THE MUTUALLY-AGREED TERMINATION OF YOUR CONTRACT. DID YOU THINK ABOUT REMOVING THE NON-COMPETITION CLAUSE?
If the employer intends to waive enforcement of the non-competition clause, then this must be done, at the latest, by the termination date set out in the agreement, notwithstanding any stipulation or provision to the contrary (Cass. Social Chamber, 26 January 2022, n° 20-15.755). Thus far, the Court of Cassation has accepted that the anticipated timeline for waiving the clause commences