Constructive dismissal may not be based on a late request for overtime pay

French Supreme Court, November 14, 2018, n° 17-18.890

In this case, an employee takes note of the termination of the employment contract at the exclusive expense of the employer, claiming in particular that his overtime hours were not paid.

The French Supreme Court notes that this situation is of « an old nature » since the employee waited 5 years to officially request a salary regularization.

The Court considers that the employee does not demonstrate a « sufficiently serious » breach of contract of such a nature as to have prevented or made impossible the continuation of the performance of the employment contract between the parties.