Object of the decision
Representation of an employee in a dispute with his former employer.
The Paris Industrial Tribunal on October 16, 2018:
- Ordered the company to regularize the employee’s seniority under penalty of 50 euros per day of delay;
- Ordered the company to pay the employee the following sums:
- Salary reminder for the year 2014 to 2017:
- 1,824 euros in back pay for 2014, in addition to 182.20 euros in related paid leave;
- 3,923 euros in back pay for 2015, in addition to 392.30 euros in related paid leave;
- 3,748 euros in back pay for 2016, in addition to 378.80 euros in related paid leave;
- 1,055 euros in back pay for 2017, in addition to 105.50 euros in related paid leave;
- Salary reminder for the year 2014 to 2017:
With legal interest from the date of receipt of the summons before the conciliation office by the defendant party
- Ordered the company to pay the employee the following sums:
- 2,500 euros in damages for violation of the rules relating to the flat-rate daily rate agreement, with interest at the legal rate from the date the judgment is delivered;
- 7,311.22 euros in back pay for daily flat-rate work for 2014, in addition to 731 euros in related paid leave;
- 6,917.13 euros in back pay for daily flat-rate work for 2015, in addition to 691 euros in related paid leave;
- 8,838.19 euros in back pay for daily flat-rate work for 2016, in addition to 883 euros in related paid leave;
- 1,721.59 euros in back pay for daily flat-rate payments for 2017, in addition to 172 euros in related paid leave;
- 138.47 euros in back pay for days unduly deducted on 28 November 2014, in addition to 14 euros in related paid leave;
- 284.56 euros in back pay for days unduly deducted on 1 and 11 November 2017, in addition to 29 euros in related paid leave;
- 142.28 euros in back pay for days unduly deducted on 12 December 2017, in addition to 14 euros in related paid leave;
- 2,770.19 euros in back pay for 19.47 days of RTT remaining due, in addition to 277 euros in related paid leave;
- 5,272.32 euros as severance pay;
- 7,908.48 euros as compensatory notice pay, in addition to 790.84 euros for related paid leave;
- 3,778.50 euros in back pay for the layoff, in addition to 377.85 euros in related paid leave;
With legal interest from the date of receipt by the defendant of the summons before the conciliation office.
- 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;
- Dismissed the company’s claim relating to Article 700;
- Ordered the company to pay all costs;
The opposing party has appealed.
