French labour law – French Employment law
Opera: The City is once again sentenced to labor court, two choristers are granted tenure after 30 years on fixed-term contracts https://www.leprogres.fr/social/2025/05/23/opera-de-saint-etienne-la-ville-a-nouveau-condamnee-deux-choristes-titularises-apres-30-ans-de-cdd
CHHUM AVOCATS (Paris, Nantes, Lille) quoted in an article in Le Progrès dated May 24, 2025 (see attached pdf).
In two judgments by the Saint-Étienne Industrial Tribunal, the tribunal ordered the Saint-Étienne Opera to pay each of the two intermittent choristers in the show €100,000.
The Judgment Office of the Saint-Étienne Industrial Tribunal, Miscellaneous Activities Section, ruling publicly, in the presence of both parties, and in the first instance, after deliberating in accordance with the law:
DECLARES that it has jurisdiction;
ORDERS the reclassification of Mr. X's fixed-term employment contracts as full-time permanent contracts with seniority reinstated as of May 21, 1997;
SETS the gross monthly salary at €2,776; ORDERS the Municipality of Saint-Étienne to pay Mr. X the following amounts:
- €8,328.00 net as reclassification compensation;
- €83,144.60 gross as back pay for the period from September 1, 2021, to December 31, 2024;
- €8,314.46 gross for related paid leave;
- €5,550 net as compensation for concealing salaried employment;
DISCISSES Mr. X's other claims.
ORDERS the Municipality of Saint-Étienne to pay Mr. X the sum of €1,500 pursuant to Article 700 of the Code of Civil Procedure;
ORDERS provisional enforcement of the judgment in its entirety in accordance with Article 515 of the Code of Civil Procedure;
ORDERS statutory interest on the severance pay from the date the matter was referred to the Saint-Étienne Industrial Tribunal and for other compensation from the date of this judgment;
ORDERS the Municipality of Saint-Étienne to provide Mr. X with a summary pay slip, a work certificate, and a corrected France Travail (formerly Pôle Emploi) certificate, subject to a penalty payment of €50 per day of delay from the date of this judgment;
ORDERS the Municipality of Saint-Étienne to pay the costs;
DISMISSES the parties' claims for all their broader and conflicting claims;
Thus judged and made available on the day, month, and year above.
His baritone colleague was awarded similar amounts.
The Municipality of Saint-Étienne has appealed the judgment.
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
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