Organisation of working time

The French Supreme Court on the claims for dismissal without actual and serious reasons and for the payment of compensation for undeclared work

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.

(more…)

...