MB / JPM
Big + copy
issued on
at
COURT MONTPELLIER CALL
2e social chamber
JUDGMENT OF 28 OCTOBER 2020
Registration number in the general directory:
N° RG 16/00513 – N° Portalis DBVK-V-B7A-M56U
Stop n °:
Decision referred to the Court: Judgment of OCTOBER 21, 2016 of
CONSEIL DE PRUD’HOMMES – PARITY TRAINING OF MONTPELLIER – N ° RG F15 / 00149
APPELLANT :
Mr. XY
[…]
[…]
Represented by Me Céline ROUSSEAU from SELARL ALTEO, lawyer at the MONTPELLIER bar, replaced by Me MASOTTA, lawyer at the Montpellier bar
RESPONDENTS:
SA SANOFI- AVENTIS R&D Taking over at its establishment […]
[…]
[…]
Represented by Me Philippe GARCIA de la SELARL CAPSTAN – PYTHEAS, lawyer at the MONTPELLIER bar
SA SANOFI-AVENTIS MONTPELLIER
[…]
[…]
Represented by Me Philippe GARCIA de la SELARL CAPSTAN – PYTHEAS, lawyer at the MONTPELLIER bar
Closing ordinance of August 25, 2020
COMPOSITION FROM THE COURT:
Pursuant to the provisions of articles 805 and 907 of the Code of Civil Procedure, the case was debated on SEPTEMBER 15, 2020, in open court, the lawyers not having opposed it, before Mr.me FERRANET, advisor and Mr. Jean-Pierre MASIA, President, responsible for the report.
This magistrate gave an account of the pleadings in the deliberations of the court, composed of:
Mr. Jean-Pierre MASIA, President
Mr Richard BOUGON, Advisor
Mrs Florence FERRANET, advisor
Clerk, during the debates: Mme Marie BRUNEL
STOP:
– contradictory
– pronounced by making the judgment available to the registry of the court, the parties having been notified beforehand under the conditions provided for in the second paragraph of article 450 of the Code of Civil Procedure;
– signed by Mr. Jean-Pierre MASIA, President, and by Mme Marie BRUNEL, Town Clerk.
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FACTS AND PROCEDURE
Mr. XY joined the service of Sanofi Aventis R&D on 1is June 1987. In the last state of the contractual relationship, he performed the duties of laboratory manager for a basic gross monthly salary of € 13,433.43.
By written agreement of May 21, 2014, the parties decided to terminate the employment contract by mutual agreement for economic reasons, the effective date being set for May 31, 2014 and the employee being exempted from giving his 3 month starting on 1is June 2014 and due to end on August 31, 2014.
The amicable termination agreement further stipulated that as part of his balance of any account, the employee will receive, under the conditions provided for by the agreement of January 14, 2014, his termination indemnity in an amount equivalent to that of the indemnity. of dismissal, the balance in respect of the compensation for notice, his individual variable compensation for the year 2014 calculated at the target in proportion to the period of actual work during that year, his
compensatory allowance for paid leave corresponding to leave acquired and not taken at the date of the end of the notice, its compensation for RTT / OTT remaining possibly due, if applicable, in proportion to the days acquired and not taken up to the start date notice period, or even until the end of the notice period carried out if this is the case, the balance of the time savings account.
Considering that he still owed a balance of individual variable compensation for the months of notice exempted from execution for the same notice period, the employee seized, on February 2, 2015, the labor tribunal of Montpellier which by judgment of the October 21, 2016 dismissed him from all his requests for both salary and compensation and said there was no need for compensation under article 700 of the code of civil procedure for the employer.
This is the judgment that Mr. XY has regularly appealed.
MEANS AND CLAIMS OF THE PARTIES
Mr. XY, in the state of its latest conclusions duly notified and filed with the RPVA on March 9, 2017, asks the court to reform the judgment, order the company Sanofi Aventis R&D to pay it the sums of:
– € 10,155.60 for individual variable compensation for the months of notice dispensed;
– € 1,015.56 for the related paid leave;
– € 2,000 net as damages for non-compliance with legal provisions;
– € 1,500 net under Article 700 of the Code of Civil Procedure.
La sa Sanofi Aventis R&D (Chilly Mazarin), in the state of its latest conclusions duly notified and filed with the RPVA on May 10, 2017 asks the court to confirm the judgment in that it says that in the presence of a breach of the employment contract by mutual agreement for economic reasons, article L1234-5 of the labor code does not apply, dismiss the appellant of his claims, condemn him jointly and severally with the other employees who have brought the same action to pay him the sum of € 7,000 for the article 700 of the Code of Civil Procedure.
For the presentation of the claims of the parties and their means, it is referred, in accordance with article 455 of the code of civil procedure, to their conclusions mentioned above and dated.
The closing order was issued on August 25, 2020.
SURE THIS
The parties disagree on the notice from which the employee was exempted and which the employer did not take into account in the settlement of rights in respect of individual variable compensation.
However, in the event of termination by mutual agreement of the employment contract for economic reasons, as is the case in this case, the employee must receive sums of a salary or compensation nature at least equal to those he would have. received in the
part of a dismissal for economic reasons.
It follows that the employee’s complaints concerning the reminder of the individual variable remuneration for the period relating to the notice from which it was dispensed are well founded.
The requested quantum is fair and free of error so that the judgment will be reformed on these points and the respondent company will be ordered to pay the salary amounts included in the device.
The appellant does not justify the damage he alleges in support of his compensation claim so that the judgment will be confirmed on this point.
Equity requires the appellant to be allocated the sum of € 1,000 under Article 700 of the Code of Civil Procedure.
THROUGH THESE REASONS
The courtyard,
Confirms the judgment of the Montpellier industrial tribunal of October 21, 2016 in that it rejected the claim for damages.
The reform for the remainder of its provisions and, ruling again, condemns the sa Sanofi Aventis R&D whose head office is located in Chilly Mazarin and taken in its establishment in Montpellier to pay to Mr. XY the sums of:
– € 10,155.60 for individual variable compensation for the months of notice dispensed;
– € 1,015.56 for the related paid leave;
-1000 € net under article 700 of the code of civil procedure.
Condemns Sanofi Aventis R&D sa, headquartered in Chilly Mazarin and taken at its Montpellier establishment at the full costs of first instance and appeal.
The Registrar The President
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