In a decision dated January 22nd, 2025 (23-20.466), published in the Bulletin, the Court of Cassation addressed the application of salary increase guarantees for employees holding representative offices, in a context where there are no other employees in the same professional category.
In this case, it upheld the decision of the Versailles Court of Appeal concerning an employee hired by Alten, who was demanding a pay increase due to his union activity. The ruling reiterates that, in the absence of employees in the same professional category, the increase in the compensation of such an employee must be determined by reference to general increases and the average individual increases received within the company, including increases resulting from professional promotions.
Court of Cassation, Social Chamber, January 22nd, 2025, No. 23-20.466.
The Court of Cassation dismisses the appeal filed by Alten.
It upholds the ruling of the Versailles Court of Appeal, which had included individual promotions and increases in the calculation of compensation components, even when they were linked to a change in professional category.
The main issue in this decision was how to calculate the salary increase of an employee holding representative mandates when this employee is the only one in their professional category within the company.
It emphasized that employees in the same professional category and with comparable seniority are those who hold jobs with the same coefficient in the company's classification. It specifies that, in the case of an employee whose number of hours of delegation exceeded 30% of their working time, their salary increase should be determined by taking into account the average of general and individual salary increases across the entire company, regardless of whether these increases resulted from professional promotions.
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Frédéric CHHUM avocat et ancien membre du conseil de l’ordre des avocats de Paris (mandat 2019-2021)
CHHUM AVOCATS (Paris, Nantes, Lille)
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