This is the question the Court of Cassation had to answer (Cass. Soc. 10 Sept. 2025, No. 24-11.187).
The legal definition of an executive is 25 years old. It was the Aubry II Law No. 2000-37 of January 19, 2000 (Article 11) that incorporated the term executive into the French Labor Code by incorporating Article L212-15-1, which became Article L3111-2.
The Aubry II Law of January 19, 2000, established the legal working week at 35 hours. It also provides for a number of exemptions to the 35-hour workweek: for managers on fixed-day work, but also for senior managers.
The classification of senior manager allows employees who benefit from it to be exempt from the application of working time regulations.
Conversely, if the classification of senior manager is excluded by the courts, the employee will be entitled to request payment for overtime worked beyond the legal working hours.
The Court of Cassation has clarified the scope of this status, the conditions of which are set out in Article L3111-2 of the French Labor Code. The conditions for applying the status of senior manager are strictly assessed by the Court of Cassation in order to limit abuses.
The Court of Cassation conducts a review of the status of senior manager.
It verifies that the Court of Appeal has characterized the three cumulative elements of senior manager status: significant autonomy, significant responsibility, and compensation among the highest in the company or establishment. The stakes for companies are high.
In this case, the employee was claiming €540,000 in overtime pay.
Companies should use this executive status sparingly.
Failing to do so, they run the risk of losing their executive status and being convicted of overtime work if the employee can substantiate the overtime.
To read the full brief, click on the link below.
Frédéric CHHUM avocat et ancien membre du conseil de l’ordre des avocats de Paris (mandat 2019-2021)
CHHUM AVOCATS (Paris, Nantes, Lille)
e-mail: chhum@chhum-avocats.com
https://www.instagram.com/fredericchhum/?hl=fr
.Paris: 34 rue Petrelle 75009 Paris tel: 0142560300
.Nantes: 41, Quai de la Fosse 44000 Nantes tel: 0228442644
.Lille: : 45, Rue Saint Etienne 59000 Lille – Ligne directe +(33) 03.20.57.53.24
Pas de contribution, soyez le premier