After three days of confusion, Interior Minister Gérard Collomb has officially left his post at the prestigious Place Beauvau ministry.
When Gérard Collomb tendered his resignation to Emmanuel Macron, the latter refused to accept it. He renewed his confidence in the Minister of the Interior, and kept him in his post.
The following day, Gérard Collomb confirmed his resignation, and finally succeeded in imposing his choice. The President's decision is unprecedented. It is extremely rare for a Minister's resignation to be refused.
Is this possible in the corporate world?
To what extent can an employer refuse to accept an employee's resignation?
Private law is very clear on this subject, with precise rules governing the termination of employment contracts. In the case of a fixed-term contract ( CDD ), neither the employee nor the employer may unilaterally terminate the contract before its term.
However, early termination of the employment contract can be agreed by mutual consent.
The term " resignation " applies only to employees with permanent contracts.
It is clearly stipulated that an employee's resignation cannot be refused by his or her employer.
By definition, it is a unilateral act of the employee's own free will. In this situation, the employer is not in a position to restrain the employee under duress. If an employer wishes to let an employee go, this is known as dismissal.
Gérard Collomb's behavior resembles that of many executives with responsibilities who prefer to organize the transition when they want to move to another company.
The change then gradually takes shape, depending on the relationship between the resigning employee and the employer.
In the recent government soap opera, relations between Gérard Collomb and the President of the Republic deteriorated sharply, revealing a genuine divorce at the top of the executive branch.
The "rupture conventionnelle" (contractual severance agreement) is the only way provided for by law for parties to negotiate and reach a common agreement on the termination of an employment contract. This is an increasingly common situation, particularly when an employee wishes to change company, without having the slightest conflict with his or her former employer.
They then draw up an agreement setting out the terms and conditions for terminating the employment contract.
In particular, it specifies the end date of the contract and the amount of compensation to be paid to the employee.
There is no specific provision for the resignation of a member of the government.
Constitutional law simply recommends that the minister wait for the appointment of a successor before actually leaving office. This does not prevent him from announcing his resignation beforehand.
Emmanuel Macron's refusal therefore has no legal value.
The approval of a Minister's resignation by the President of the Republic isa simple "practice" under the Fifth Republic, but does not meet any legal obligation.
In this sense, Gérard Collomb is not bound by Emmanuel Macron's decision.
This is precisely what he did when, on Wednesday October 3, he maintained his resignation against the advice of the Head of State.
The Collomb/Macron case therefore raises the question of the conditions for terminating an employment contract. Private law governs the conditions of dismissal, resignation or contractual termination between an employee and a contractor.
Under no circumstances is it possible to keep an employee within a company under duress.
Written by our expert Paul LASBARRERES-CANDAU
October 4, 2018
