Cour de cassation, Chambre sociale, 4 février 2015, 13-16.835, Inédit
In this case, rules concerning certain aspects of the organisation of working time are discussed. Mr.X. worked as engagement manager with the company Atos. However, Mr.X. was dismissed. On that occasion, Mr.X. lodged claims for dismissal without actual and serious reasons and for the payment of compensation for undeclared work. The appeal court of Aix-en-Provence (Cour d’appel d’Aix-en-Provence) rejected the abovementioned requests. Subsequently, Mr.X. filed an action before the Supreme Court (Cour de cassation). The Supreme Court referred to article 151 of the Treaty on the Functioning of the European Union, article 17, paragraphs 1 and 4 of the Directive (EC) 1993/104, article 17, paragraph 1, and article 19 of the Directive (EC) 2003/88 and article 31 of the Charter of Fundamental Rights of the European Union.
The Supreme Court (Cour de cassation) ruled that the appeal court deprived its decision of any legal basis, because it failed to ascertain beforehand whether the flat-rate pay agreement was permissible or not, and assuming that it would be unlawful, whether the employer had intended to conceal the work of the employee. Thus, the Supreme Court (Cour de cassation) considered that the appeal court, by limiting the amount of the compensation for the dismissal without actual and serious reasons to an amount of 35,000 euros (the employee was paid 5 505.23 euros gross per month), has altered the subject of the dispute, while the parties agreed on the amount of a monthly salary higher than the selected one.
Consequently, the Supreme Court (Cour de cassation) annulled the judgment of the appeal court of Aix-en-Provence (Cour d’appel d’Aix-en-Provence).
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