The principle of equality does not prevent employers from giving a 13th month bonus exclusively to executives
Company agreements may provide that special benefits are reserved for certain categories of employees, such as executives. This difference in treatment between the executive and the non-executive had so far been presumed justified, in the light of the principle of equal treatment, when they were rooted in a collective agreement. On the other hand, when they result from an employer’s decision, the company must be able to justify that the difference of treatment is based on an objective reason. The judge controls the reality and the relevance of this reason.
However, the French Supreme Court (Cour de Cassation) has just made it clear that the fact of reserving such a bonus to executives of the company is not contrary to the principle of equal treatment. This solution results from the very purpose of the 13th month bonus, which contributes to the annual remuneration paid, in the same way as the basic salary, in exchange for the employee’s work. However, executives and non-executives are not placed in an identical situation with regard to the work performed.
History
-
Successions of fixed-term contracts : be cautious of the waiting period between each contract
Published on : 04/12/2018 04 December Dec 12 2018NewsNewsletter / Recent Case LawUnder penalty of re-characterization of the fixed-term contract (CDD) as an i...
-
Thursday December 13th 2018 | From the public to the private sector – and back again
Published on : 22/11/2018 22 November Nov 11 2018NewsNews / Breakfast BriefingsThere is much discussion underway concerning how best to modernise the way pu...
-
Webinar: The impact of Brexit on your EU workforce
Published on : 22/11/2018 22 November Nov 11 2018NewsNews / WebinarsNews / Webinars / Replay webinarsSpeakers: Falko Daub (Pusch Wahlig Legal in Germany) Karol Hillebrandt...
-
Van Olmen & Wynant’s Employment Forum: Employment contracts in the public sector
Published on : 13/11/2018 13 November Nov 11 2018L&E GlobalNews / Breakfast BriefingsVan Olmen & Wynant (L&E Global Belgium), together with the Belgian Institute...Source : leglobal.org
-
New Legislation | In depth look: the loi Pacte and its effect on company staff thresholds
Published on : 19/10/2018 19 October Oct 10 2018NewsNewsletter / New legislationAfter reforming French labour law, President Macron’s government speeds ahead...
-
New Legislation | In brief: The right to error
Published on : 19/10/2018 19 October Oct 10 2018NewsNewsletter / New legislationThe French government just passed a law that changes the rules for companies...
-
Do’s & Don’ts | This month: Lump sum agreements in days
Published on : 19/10/2018 19 October Oct 10 2018NewsNewsletter / Do’s and Dont’sThe lump sum agreement in days, known as "forfait jours", allows for high lev...
-
The principle of equality does not prevent employers from giving a 13th month bonus exclusively to executives
Published on : 15/10/2018 15 October Oct 10 2018NewsNewsletter / Recent Case LawCompany agreements may provide that special benefits are reserved for certain...
-
Webinar: Sexual harassment in the workplace: cross-border perspectives webinar
Published on : 11/10/2018 11 October Oct 10 2018NewsNews / WebinarsNews / Webinars / Replay webinarsThis webinar will address a range of crucial questions relating to workplace...
-
Webinar: Opening Up Shop, solutions to the challenges of opening in a new jurisdiction: Europe - insights in (1) Labour and employment requirements; (2) Corporate requirements; and (3) Payroll and Benefits Providers
Published on : 19/09/2018 19 September Sep 09 2018NewsNews / WebinarsNews / Webinars / Replay webinarsInsights Labour and employment requirements Corporate requirements...