Representation of an employee before the courts
Purpose of the decision
Representation of an employee in a dispute between him and his former employer.
The Paris Labor Council on October 16, 2018:
Ordered the company to regularize the seniority of the employee under penalty of 50 euros per day of delay;
Ordered the company to pay the employee the following amounts:
Salary reminder from 2014 to 2017:
1,824 euros for salary reminder for the year 2014, in addition to 182.20 euros for the related paid leave;
3,923 euros for salary reminder for the year 2015, in addition to 392.30 euros for the related paid leave;
3,748 euros for salary reminder for the year 2016, in addition to 378.80 euros for the related paid leave;
1,055 euros for salary reminder for the year 2017, in addition to 105.50 euros for the related paid leave;
With legal interest from the receipt of the summons before the conciliation board by the defendant
Ordered the company to pay the employee the following amounts:
2,500 euros for damages for violation of the rules relating to the fixed-price day agreement, with interest at the legal rate from the date of delivery of the judgment;
7,311.22 euros for salary reminders for the 2014 day package in addition to 731 euros of related paid leave;
6,917.13 euros for salary reminders for the 2015 day package, in addition to 691 euros for the related paid leave;
8,838.19 euros for salary reminders for the 2016 day package, in addition to 883 euros for the related paid leave;
1,721.59 euros for salary reminders for the 2017 day package, in addition to 172 euros for the related paid leave;
138.47 euros for salary reminders for days unduly deducted on November 28, 2014, in addition to 14 euros for the related paid leave;
€ 284.56 for salary reminders for days unduly deducted on November 1 and 11, 2017, in addition to € 29 for the related paid leave;
142.28 euros for salary reminders for days unduly deducted on December 12, 2017, in addition to 14 euros for the related paid leave;
2,770.19 euros for salary reminders for 19.47 days of RTT remaining due, in addition to 277 euros for the related paid leave;
5,272.32 euros in severance pay;
7,908.48 euros as compensation in lieu of notice, in addition to 790.84 euros for the related paid leave;
3,778.50 euros for salary reminders of the layoff, in addition to 377.85 euros for the related paid leave;
With legal interest from the receipt by the defendant of the summons to the conciliation board.
Further ordered the company to pay:
18,453.12 euros as compensation for dismissal without real or serious cause, with interest at the legal rate from the date of delivery of the judgment;
700 euros under article 700 of the Code of Civil Procedure;
The company dismissed its section 700 claim;
Condemned the company to pay the entire costs;
The opposing party has appealed.
Jonathan BELLAICHE