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Human Resources
The employer may not exclude an employee who is late from training and make a deduction from pay
Publié le 06 juin 2024 - Directorate for Legal and Administrative Information (Prime Minister)
An employee may not be subject to withholding pay on the grounds that he or she is late for training. This is what the Court of Cassation states in a judgment delivered on March 20, 2024.
A business prohibits access to training for employees who arrived 10 minutes late or who do not have comprehensive and up-to-date documentation. The employees concerned are subject to a payroll deduction. Trade unions are challenging this practice before the judge.
The Court of Appeal condemns the business. This does not prove that it is impossible to attend the training concerned with a delay of 10 minutes or in the absence of up-to-date documentation. Thus, the withholding of wages was a prohibited financial penalty. The business can appeal in cassation.
The Court of Cassation upholds the appeal decision. For her, the obligations to have up-to-date documentation or not to arrive more than 10 minutes late to attend the training are not justified by a legitimate objective. The withholding of wages was therefore a prohibited financial penalty.
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