In its decision of 2 July 2019, the Paris Court of Appeal:
- Confirms the judgment of the Labor Court in that it denied Mr X of his demands relating to the moral harassment and the obligation of security of result;
- Requalify Mr X's fixed-term contract of 1 August 2011 on a permanent contract;
- pronounces the judicial termination of the employment contract to the fault of the employer;
- Condemns IFOCOP to pay Mr X the following sums:
-2000 euros as requalification allowance;
-7,713.14 Euros as overtime reminders made between 7 October 2010 and 31 December 2014 plus 771.31 euros as paid leave;
-607.82 euros as compensation for compensation for compensatory rest in respect of 2011;
-250 euros of damages for non-observance of the maximum daily working time;
-250 euros of damages for non-compliance with the maximum weekly working time;
-250 euros of damages for non-compliance with the periodic medical examination;
-10,000 euros as damages for dismissal without real and serious cause;
-13,490.10euros as compensation for concealed work;
- EUR 2,000 under Article 700 of the CPC.
- Recalls that the wage claims bear interest at the legal rate as from the receipt by the employer of his summons before the labor court while the indemnity claims bear interest at the legal rate starting from the decision by fixing everything at the times the principle and the amount.
- Orders the reimbursement by IFOCOP to Pôle Emploi of the unemployment benefits possibly paid to the employee since his dismissal within the limit of one month of indemnity.
To read all the Article, please click on the link below
Frédéric CHHUM, Avocat et membre du conseil de l’ordre des avocats de Paris
Camille Bonhoure, Avocat
Instagram : fredericchhum