In a judgment dated January 7, 2026, the Paris Labor Court / conseil de prud'hommes (Management Division) ordered the radio station to pay the senior reporter the following sums:
- €61,251.99 as back pay for undeclared and unpaid overtime between September 27, 2021, and April 4, 2024;
- €6,125.19 for accrued vacation pay;
- €41,924.06 as compensation for exceeding the annual overtime quota;
- €1,000 in damages for failure to comply with the maximum weekly working hours;
- €1,000 in damages for failure to comply with the maximum daily working hours;
- €1,000 in damages for failure to respect daily rest periods;
- €1,000 in damages for failure to respect weekly rest periods;
- €45,284.09 as a lump-sum indemnity for undeclared work;
- €15,000 in damages for failure to comply with the health and safety obligations for workers;
- €9,515.26 as compensation in lieu of notice;
- €951.52 for accrued paid leave;
- €70,000 as compensation for wrongful dismissal;
- €15,000 in damages for psychological harassment;
- €1,500 pursuant to Article 700 of the French Code of Civil Procedure.
Company X appealed the judgment of the Paris Industrial Tribunal to the Paris Court of Appeal.
2) REASONS FOR THE DECISION
The Industrial Tribunal sets Mr. W's salary at €4,757.63 per month.
2.1) Regarding overtime:
Legally:
- Overtime is defined as hours worked beyond the statutory weekly working hours.
- It entitles the employee to a 25% wage increase for the first 8 hours and a 50% increase for subsequent hours.
- The employee must provide sufficiently precise information regarding unpaid hours, and the employer must respond by providing their own evidence.
In this case:
- The Court notes that Mr. W has provided a detailed record of his working hours between September 27, 2021, and April 4, 2024, as well as a document detailing his daily working hours.
- The Court notes that Company X has not provided any evidence to justify the hours actually worked by Mr. W.
The Court orders Company X to pay Mr. W the sum of €61,251.99 gross as back pay for overtime and €6,125.19 gross for accrued vacation pay.
2.2) Regarding non-compliance with the provisions relating to compensatory rest and maximum working hours:
Legally:
- Exceeding the annual overtime quota (220 hours) entitles employees to mandatory compensatory rest.
- The maximum weekly working hours are 48, and the daily working hours cannot exceed 10.
In this case:
- The Council finds that Mr. W worked:
o 383 overtime hours in 2021 (including 163 hours beyond the annual quota),
o 922 overtime hours in 2022 (including 702 hours beyond the annual quota),
o 757 overtime hours in 2023 (including 537 hours beyond the annual quota).
- The Council notes that Mr. W did not receive compensatory rest.
- The Council notes that Mr. W regularly exceeded the maximum weekly working hours of 48 and the daily working hours of 10.
- The Council notes that Company X has not provided any evidence to justify compliance with the maximum working hours.
The Council orders Company X to pay Mr. W the sum of €41,924.06 net as compensation for failure to comply with the annual overtime quota.
The Council orders Company X to pay Mr. W the sum of €1,000 net as damages for failure to comply with the maximum weekly working hours.
The Council orders Company X to pay Mr. W the sum of €1,000 net as damages for failure to comply with the maximum daily working hours.
The Council orders Company X to pay Mr. W the sum of €1,000 net in damages for failure to comply with the maximum weekly rest periods.
The Council orders Company X to pay Mr. W the sum of €1,000 net in damages for failure to comply with the maximum daily rest periods.
2.3) Regarding undeclared work:
Legally:
- Undeclared work is characterized by the intentional failure to declare overtime worked.
- An employee who is a victim of undeclared work is entitled to a lump-sum payment equal to six months' salary.
In this case:
- The Council finds that Mr. W has provided proof of the intention to conceal the work, as the management of Company X could not have been unaware of the existence of a considerable number of unpaid overtime hours.
- Mr. W's workload and scope were known through the numerous exchanges brought before the Board and due to the activities that required him to attend sporting events that he was responsible for overseeing on behalf of Company X.
- The Board states that the fact that Mr. W did not request payment for overtime beyond his weekly working hours does not in any way relieve Company X of its obligation to pay them.
The Board orders Company X to pay Mr. W €45,284.09 as compensation for undeclared work.
2.4) Regarding Company X's failure to fulfill its obligation to prevent risks related to the health and safety of workers:
Legally:
- The employer has an obligation to ensure the mental and physical health of its employees.
In this case:
- The Council finds that Mr. W was subjected to an excessive workload that prevented him from taking his rest periods.
- The Council states that Company X took no action to remedy the situation, despite repeated warnings from Mr. W and his colleagues.
- The Council finds that Mr. W's health deteriorated, as evidenced by the medical certificates.
The Council orders Company X to pay Mr. W the sum of €15,000 net in damages for breach of its health and safety obligations.
2.5) Regarding the judicial termination of Mr. W's employment contract due to the sole fault of Company X
Legally:
- An employee may request the judicial termination of their employment contract in the event of serious breaches by the employer of its obligations, preventing the continuation of the employment relationship.
- These breaches may result from a failure to comply with essential contractual obligations or from an attack on the employee's dignity.
- If the claim is justified, it has the same effect as a dismissal that is null and void or without just cause.
Regarding the breach related to the managerial harassment suffered by Mr. W:
Legally:
- Workplace harassment is defined as repeated actions that degrade working conditions and harm the employee's dignity, health, or professional future.
- The employee must present factual evidence suggesting the existence of harassment, and the employer must prove that these actions do not constitute harassment.
In this case:
- The Council notes that Mr. W has repeatedly reported the harassing actions of his manager, Ms. F, since 2021.
- The Council notes that the evidence presented, and in particular the statements from colleagues and his editor-in-chief, confirms harassing management practices by his manager, Ms. F.
- The Council finds that Company X has failed to demonstrate that Ms. F's actions were justified by objective factors unrelated to any harassment.
- The Council acknowledges Mr. W's deteriorating health, while reiterating that harassment does not necessarily require a deteriorating state of health for it to be established.
The Court orders the judicial termination of Mr. W's employment contract due to the sole fault of Company X, which has the effect of a wrongful dismissal resulting from the psychological harassment of Mr. W by its director, Ms. F.
The Court orders Company X to pay Mr. W the sum of €9,515.26 gross as compensation in lieu of notice, plus €951.52 gross for accrued vacation pay.
The Court orders Company X to pay Mr. W the sum of €70,000 net as compensation for wrongful dismissal.
The Court orders Company X to pay Mr. W the sum of €15,000 net for psychological harassment.
The Court orders Company X to pay Mr. W the sum of €1,500 net pursuant to Article 700 of the Code of Civil Procedure.
The Council orders the issuance of a revised summary payslip and corrected termination documents in accordance with the judgment.
To read the full article, 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)
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
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