Collective agreements: a company agreement which reduces the severance pay in the event of incapacity
An employee, commercial agent within an airline, had been dismissed for incapacity and impossibility of reclassification.
She had seized the prud'hommes in order to obtain a reminder of severance pay.
In this case, a company agreement had established severance pay, the amount of which differed according to the reason for the dismissal:
- if the employee was dismissed for a reason that was not disciplinary or unrelated to incapacity, the agreement provided that the maximum amount of the severance pay could be up to 24 months' salary;
- on the other hand, if the employee was dismissed, either for misconduct or for incapacity, the company agreement referred to the collective agreement for ground staff in air transport companies (art. 20), which caps the severance pay 18 months salary.
For the employee, who had been excluded from the 24-month ceiling provided for by…
