Senior executives (cadres dirigeants), who are excluded from the provisions of French Labour Code relating to working time, rest and holidays, constitute a very restricted category of employees.
Article L. 3111-2 of French Labour Code defines senior executives (cadres dirigeants) as executives who are assigned responsibilities whose importance implies a great independence in the organization of their schedule (1), who are authorized to take decisions in a largely autonomous way (2) and who receive remuneration at the highest levels of the remuneration systems in their company (3).
The Court of Cassation (Cour de cassation) specifies, by established case-law, that the status of senior executive (cadre dirigeant) supposes the participation of the employee in the management of the company.
Above all, it constantly ensures that this notion receives a restrictive application.
However, the consequences in the event of disqualification can be very costly for the company: the employee can then request the payment of all overtime if he/she can justify within the limit of three years.
2016 and the first half of 2017 have resulted in several judgments concerning senior executive status.
The purpose of this article is to provide a non-exhaustive overview of the judgments on this subject and the lessons to be drawn from them.
To read all the article, please click on the link below.
Frédéric CHHUM Avocat à la Cour (Paris et Nantes)
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