Abnormally low offer and pre-contractual judge's review: an offer can not be regarded as abnormally low simply because it does not include the full cost of employee recovery.
Rule n ° 1:
An offer can not be considered abnormally low simply because it does not include the full cost of employee recovery. The price proposed does not have to fully cover the cost of the recovery, given the possibilities for the company to compensate for it, in particular by redeploying its workforce or, if the execution of this contract does not ensure not a full-time job of the employees concerned, the possibility of giving them other missions.
Rule n ° 2:
The cost of taking over employees imposed by the provisions of the Labor Code or by an extended collective agreement constitutes an essential element of the contract, the knowledge of which must be given to the candidates in order to enable them to assess the costs of the other party. to elaborate an offer.