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A constructive dismissal can be based on the employer’s failure to monitor a flat-rate pay agreement

French Supreme Court, Octobre 19, 2019 n°18-16.539

The French Supreme Court ruled that a constructive dismissal may be based on the employer’s breach of the employee’s rights regarding the organisation of his working time, his rest period and the consequences that this situation had on his personal life.

In the present case, the Court notes that the employee had complained for several years about his working conditions without obtaining a satisfactory response from the Company.

The Court concludes that the infringement of the employee’s rights regarding the organisation of his working time, his rest period and the unavoidable consequences which this situation has on his personal life constitutes a sufficiently serious reason to justify the judicial termination of the employment contract.

The Court did not follow the employer’s reasoning whereby this breach was not serious enough to prevent the continuation of the employment contract since the employee had continued to work for several years within the Company.