In an order dated June 13rd, 2022, the conciliation and guidance office of the labor council of LONGJUMEAU (management section) orders the company Saint Gobain Glass France to produce the anonymized payslips of executive and senior executive employees.
The judgment is not final.
Mr. X, manager, contests the validity of the status of executive officer (cadre dirigeant) which was applied to him by his employer.
The legality of this status is conditional on the meeting of the 3 cumulative conditions, as enacted by article L. 3111-2 of the Labor Code which provides that:
“Senior executives are considered to be executives who are entrusted with responsibilities whose importance implies a great deal of independence in the organization of their timetable, who are empowered to take decisions in a largely autonomous manner and who perceive a remuneration falling within the highest levels of the remuneration systems practiced in their company or establishment. »
However, Mr. X considers that he does not benefit from remuneration falling within the highest levels of employees of Saint Gobain Glass France, therefore that he is not a senior executive within the meaning of Article L 3111-2 of the labor code
However, it does not hold the company's salary data, which only the employer has.
This is why he asked the Bureau de Conciliation et d'Orientation du Conseil de prud'hommes to order the communication by the company Saint Gobain Glass France of the payslips for the months of December for the years 2019, 2020 and 2021 of each of its employees, including senior executives
2) The legal basis
Whereas article R. 1454-14 of the Labor Code provides:
“The Conciliation and Guidance Office may, despite any procedural exception and even if the defendant does not appear, order: 1° The issue, where applicable, under penalty of penalty, of work certificates, payslips and any document that the employer is legally required to issue; 2° When the existence of the obligation is not seriously questionable: a) The payment of provisions on wages and salary accessories as well as commissions; b) The payment of provisions on indemnities for paid leave, notice and dismissal; c) Payment of the compensatory indemnity and the special severance indemnity in the event of medical incapacity following an accident at work or an occupational disease mentioned in Article L. 1226-14; e) Payment of the end-of-contract indemnity provided for in Article L. 1243-8 and the end-of-mission indemnity mentioned in Article L. 1251-32; 3° All investigative measures, even ex officio; 4° All measures necessary for the preservation of evidence or litigious objects. …/…”;
3) The order of the Labor Court of Longjumeau
In this case, the industrial tribunal considers that the resolution of the dispute requires the provision of the documents requested by Mr. X in order to verify that the three cumulative conditions are met to confer on him the status of senior executive defined by Article L. 3111-2 of the Labor Code below:
“Senior executives are not subject to the provisions of Titles II and III.
Senior managers (cadres dirigeants) are considered to be managers who are entrusted with responsibilities whose importance implies a great deal of independence in the organization of their timetable, who are empowered to take decisions in a largely autonomous manner and who receive remuneration who are in the highest levels of the remuneration systems practiced in their company or establishment. "
But given that the communication of an employee's personal data by his employer is subject to Article 28 of the General Data Protection Regulation (GDPR), with the exception of the case where the recipient of the data is an authorized third party who acts within the framework of a particular investigation mission in application of a legal or regulatory provision;
Executive payslips should be anonymized to comply with the GDPR.
Consequently, the Conciliation and Orientation Office of the Labor Court of LONGJUMEAU, ruling in public session, by contradictory decision:
- orders S.A. company Saint Gobain Glass France, in the person of its legal representative, to provide Mr. X with the anonymized payslips for the months of December 2019, December 2020 and December 2021 of all company executives, including senior executives;
- orders S.A. company Saint Gobain Glass France taken in the person of its legal representative, in order to allow verification of the number of executives and therefore the number of payslips communicated, to provide Mr. X with a list of all executives, including executives company officers;
All subject to a penalty of 50 euros per day of delay and per document from the thirtieth calendar day of notification of this order until the delivery of the last document; STATES that the Council reserves the power to liquidate the penalty payment.
- Référé article 145 du CPC : une dessinatrice obtient les bulletins de paie de ses 8 collègues https://www.village-justice.com/articles/refere-probatoire-une-dessinatrice-obtient-les-bulletins-paie-collegues-pour,37837.html
. Salariés, cadres : comment obtenir la communication des preuves détenues par votre employeur ? https://www.village-justice.com/articles/salaries-cadres-comment-obtenir-communication-des-preuves-detenues-par-votre,30295.html
. Discrimination : France Télévisions doit communiquer à un journaliste salarié l’évolution de carrière de ses 19 collègues https://www.village-justice.com/articles/discrimination-les-prud-hommes-ordonnent-france-televisions-communiquer,29113.html
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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