This case pits an apprentice against his employer. The apprentice wishes to terminate his contract immediately because he considers that his employer is committing serious mistakes or breaches towards him. He considers that his working conditions are deteriorating.

The apprentice takes legal action to have his act reclassified as dismissal without real and serious cause. The labor court considers that it is not possible to reclassify its action. It considers that the latter was in breach of the law.

The apprentice goes to the court of appeal. The latter asks the Cour de cassation a question: ‘Can the apprentice’s acknowledgement of the termination of his apprenticeship contract be regarded as an admissible method of termination when serious breaches by the employer are invoked?’

The Court of Cassation replied that it was now possible for an apprentice who claimed serious misconduct on the part of his employer to terminate the contract immediately. This gross misconduct must make it impossible to sue the apprenticeship contract. However, this rupture will not be qualified as an act of deed. It will then be up to the judge to assess the seriousness of the employer's breaches and to decide on the validity of the breach of contract.

This is an exceptional case of rupture. This opinion does not call into question the breach of traditional apprenticeship contracts requiring the intervention of the mediator and compliance with the notice period.