The France Télévisions presenter has been employed on a fixed-term contract since November 4, 1996.
The labor court reclassified the 28 years of fixed-term contract as a permanent contract. He is transferred to a permanent contract.
The presenter's application for recognition as a professional journalist was dismissed.
The presenter appealed the Paris labor court's decision.
l - THE FACTS
Mr. X was hired as a Presenter on a fixed-term contract at FRANCE TELEVISIONS on November 4, 1996. FRANCE TÉLÉVISIONS produces, broadcasts, and sells television programs and controls, among other things, FRANCE 2, FRANCE 3, FRANCE 4, FRANCE 5, FRANCE O, and the Outre-Mer 1er network.
FRANCE TÉLÉVISIONS employs 10,673 people.
It applies the Collective Bargaining Agreement for Public Broadcasting and the France Télévisions company agreement of May 28, 2013.
On March 11, 2024, Mr. X requested a permanent contract with FRANCE 3 Provence-Alpes-Côte d'Azur, after learning of the retirement of one of the two Weather Service Presenters.
On June 18, 2024, Mr. X, having received no response from FRANCE TÉLÉVISIONS, filed a complaint with the Paris Industrial Tribunal.
On July 24, 2024, Mr. X formally notified FRANCE TÉLÉVISIONS to provide him with work. Following this formal notice, FRANCE TELEVISIONS continued to employ Mr. X.
II. Reasons for the judgment of the Paris Labor Court of January 7, 2025
The Court, after deliberation, ruled publicly, in an adversarial judgment at first instance:
Reclassifies the succession of fixed-term contracts as permanent contracts.
Rules that the reclassification of fixed-term contracts as permanent contracts is based on 40% part-time employment.
Rules that Mr. X's duties do not fall under the status of journalist.
Orders that the salary be set according to the classification of the current position, reclassified as permanent. Orders SA FRANCE TÉLÉVISIONS to pay Mr. X the following amounts:
-€10,000.00 as reclassification compensation
-€13,882.24 as seniority bonus arrears
-€1,388.22 as related paid leave
-€2,000.00 under Article 700 of the Code of Civil Procedure
II.2) Regarding the reclassification of Mr. X's fixed-term employment contracts as permanent contracts
a) Legally
Article L.1242-1 of the French Labor Code specifies that "A fixed-term employment contract, regardless of its purpose, may not have as its purpose or effect the long-term provision of a position related to the normal and permanent activity of the company."
The Court of Cassation, in two landmark rulings dated January 23, 2008 (No. 06-43040 and No. 06-44197), defined the conditions for using a fixed-term employment contract. It must be in one of the sectors defined by decree or by agreement or extended collective bargaining agreement. It must be established that there is a practice in this sector that allows for the employment in question to be exempted from a permanent contract; the final assessment rests with the trial judges. Finally, the use of successive contracts must be justified by objective reasons, which include the existence of concrete evidence establishing the temporary nature of the employment.
b) In this case
The burden of proof rests with the employer as to why it uses fixed-term contracts.
FRANCE TELEVISIONS provides no concrete evidence establishing the nature of the Presenter's employment, given its normal and permanent activity.
Numerous exchanges demonstrate that Mr. X was employed to cover the absences of presenters on permanent contracts, which invalidates the use of customary fixed-term contracts.
Moreover, over the past 27 years, the duration and volume of Mr. X's collaboration with FRANCE TELEVISIONS demonstrate that his employment falls within the normal and permanent activity of FRANCE TELEVISIONS. Mr. X held, through his 750 fixed-term contracts, a permanent position corresponding to the company's normal business activity and meeting a structural need. The employer did not demonstrate that the employment was temporary in nature. Mr. X worked this job on a 40% part-time basis in 2021, 2022, and 2023, as certified by the employer.
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
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