In Order No. 10627 of April 19, 2024, the Labour Section of the Court of Cassation examined the limits of the duty of repêchage: considering reassignment before dismissing an employee for justified objective reasons.
Which duties must be considered
According to the headnote, the duty concerns interchangeable duties that can actually be assigned to the employee. Even under the amended Article 2103 of the Civil Code, the employer is not required to organize training to convert the professional skills of the employee facing dismissal.
The limit of the principle
The decision distinguishes checking assignable duties from creating a different professional skill set through training. The absence of a retraining obligation does not remove the need to consider interchangeable duties that are actually available. The principle concerns dismissal for justified objective reasons, which must not be confused with dismissal for just cause.
