Representation of an employee before the labour courts

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;

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.