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Molex Inc, parent company of the French factory in Villemur-sur-Tarn (Haute-Garonne) that was closed in 2009, can be considered as co-employer of 283 dismissed employees by its French subsidiary and may therefore be validly taken before the French courts, where the company could be required to pay the severance costs or even provide grounds for the redundancies. Although this is the first time an American group has been involved, this is a foretelling development for the notion of co-employment. In a decision issued last Thursday (February 7), the judges of the Court of Appeal in Toulouse ruled on the lack of autonomy of the French subsidiary on the basis of a set of evidence indicating a situation which should not be commonplace among international groups. At this stage, it is no more than a decision on the competence of the French courts in an case that will be very closely followed, as Molex employees' lawyer will want Molex Inc. to provide grounds for the redundancies within its French subsidiary. (Réf. 130097)
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130097
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