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Human Resources
Stoppage of work, maternity leave: the employer’s failure alone entails compensation
Publié le 17 septembre 2024 - Directorate for Legal and Administrative Information (Prime Minister)
The employee may be compensated for the failure of his employer without having to prove the existence of damage. This is what the Court of Cassation states in two judgments issued on September 4, 2024, published in the bulletin.
On 4 September 2024, the Court of Cassation ruled on 2 cases relating to the employer’s failure to act. These are:
- failure to comply withobligation to suspend all work during maternity leave ;
- failure to comply withobligation to respect the daily break time ;
- failure to complyobligation not to make the employee work during his work stoppage.
In these two cases, the Court of Appeal dismissed the workers’ claim for compensation. In its view, there is no evidence of harm arising from the employer’s failure to fulfill obligations. The employees are appealing to the Court of Cassation.
The Court of Cassation quashes and quashes the decisions on appeal. In its view, the obligations which the employer has failed to fulfill are protected by European provisions applicable under French law:
- the obligation to suspend all work during maternity leave is guaranteed by article 8 of the Directive 92/85/EEC of 19 October 1992 ;
- the obligation to respect the daily rest period is guaranteed by article 4 of the Directive 2003/88/EC of 4 November 2003 ;
- the obligation not to employ the employee during his stoppage of work is guaranteed by articles 5 and 6 of the Directive 89/391/EEC of 12 June 1989.
Since those obligations are protected by EU law, the employee does not have to prove the existence of harm resulting from the employer’s failure to fulfill his obligations.
Thus, the the employer’s failure to comply with those obligations automatically entails compensation for the employee.