The Court of Cassation rules on the protection of paternity

In application of article L. 1225-4-1 of Labor Code, the employer cannot terminate an employee's employment contract during the 10 weeks following the birth of his child.As an exception, the employer may terminate the employment contract during this period if he justifies:

• either serious misconduct by the employee,

• or his inability to maintain the employment contract for a reason unrelated to the arrival of the child.

In a judgment of September 27, 2023 (n°21-22.937), the Court of Cassation rules on this period of protection, and judges that the professional failings and lack of loyalty accused of the employee, dismissed for real and serious cause, did not make it possible to characterize an impossibility of maintaining the employment contract.The dismissal of the employee pronounced during this protection period is therefore null.