In this specific case, and employee has had successive short term employment contracts.
When the final contract ended, the employee asked the judge to have the contracts reclassified as one undefinite term contract.
The judge agreed. He then condemn the company to the pay the employee:
- 2 indemnities for dismissal without just cause.
- 1 notice period indemnity.
The employee could only have claimed:
- One indemnity for reclassification. Which cannot be inferior to one-month salary.
- One indemnity for dismissal without cause.
The judge of the court of appeal has been too generous and the judge of the cassation court has cancelled the judgment.