The legal requirements are not fulfilled by offers of internal redeployment within the Group which are sent to the employee subject to approval by the Group’s recruitment manager for France and the manager of the department in question. Such offers are not firm and do not guarantee effective redeployment of the employee.
This decision is consistent with an earlier one (Cass. soc., 12 July2010, n°09-15.982) in which the Cour de Cassation had censured an Employment Protection Plan [PSE] requiring that redeployment be subject to approval by the entity of the group concerned.
Care must be taken therefore when drafting a PSE (risk of refusal of approval or validation by the Labour administration), and an offer of internal redeployment (risk of damages to be paid for dismissal without fair cause).