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Benefits of social plan and merger : which rules apply? (Cass. soc., 14 avril 2021, n°19-19.050)

An employee dismissed for economic reasons, following the transfer of his employment contract, must be able to benefit from the measures provided for in the social plan being drawn up in the absorbing company.

If a social plan cannot be applied to an employee whose contract has been terminated before its adoption, the employee who has been deprived of the benefit of the provisions of this plan due to the conditions of his dismissal can claim full compensation for the prejudice suffered.