Thursday, October 10, 2019, the TFC and its head coach Alain Casanova, decided to break the contract of work of the latter by mutual agreement.
But what does it mean? Explanations.
The employment contracts of professional coaches in France are specific fixed-term contracts (CDD) with a special regime and governed by the provisions of the sport code.
Concerning the breakage of these fixed-term contracts, it is nonetheless the classic French rules of the labor code that apply. Therefore, according to Article L.1243-1 of the Labor Code, " Unless agreed by the parties, the fixed-term employment contract may be terminated before the expiry of the term only in the case of gross negligence, force majeure or incapacity established by the occupational physician ". Thus, the parties (the TFC as an employer club and Alain Casanova as a salaried professional coach) were able to legally break the employment contract binding them, decided after mutual agreement.
Without the agreement of the parties, the rules would have been different depending on the situation.
If the break occurred at the initiative of the club, Alain Casanova could have claimed "damages and interest of an amount at least equal to the remuneration he would have received until the end of the contract" (and "without prejudice" end-of-contract indemnity ") according to the terms of the labor legislation.
In our example, without knowing the details of the contract and based solely on the estimates provided by the press (see here), Alain Casanova should have received 60,000 euros gross per month until the end of his contract ( June 2021). He should therefore have received approximately 1,242,000 euros gross as salary and therefore because of the situation, by way of damages.
On the other hand, if the break had occurred at the initiative of Alain Casanova, the club would have received compensation equivalent to the damage suffered.
However, as mentioned above, the parties decided to terminate the contract of employment by mutual agreement. Thus, the TFC and Alain Casanova estimated / negotiated what seemed right for him to leave the club. It is therefore more than likely that the sum mentioned above is significantly lower after negotiation. It is also a way for the parties to leave each other "good friends".
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https://www.lesviolets.com/actu/combien-va-verser-le-tfc-a-alain-casanova-suite-a-son-depart-,51222.html
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