Since 1539 and the ordinance of Villers-Cotterêts, documents emanating from the State must be written in French (and not in Latin). In companies, especially foreign ones, things are more complex. Responsible for sales within an American group, an executive had received his commission plan in English. Once made redundant, he contacted the industrial tribunal and requested reimbursement of a sum withheld from his salary as commission recovery, on the grounds that this commission plan, written in English, was not enforceable against him.
On appeal, he was rejected by the Toulouse court which noted that the working language of the company was indeed English. The Court of Cassation recalls that any document containing obligations for the employee or provisions necessary for the performance of their work must be written in French (art. L. 131-6 of the labor code). However, this rule is not applicable to documents received from abroad or intended for foreigners (soc. June 7, 2023). The Bordeaux Court of Appeal will therefore have to determine the origin of the commission plan. If it comes from the United States, it is valid. If it was written in English by the French subsidiary, no.
Lucien Flament is a lawyer at Valmy law firm, specializing in labor law.
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2024-01-20 23:52:12
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