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Compensation for the employee is no longer automatic for certain breaches by the employer:


Compensation for the employee

It is not because the employer has failed to respect certain rules of labor law that he will necessarily be condemned to pay damages. The employee must provide proof of specific damage.

This is the notion of the abandonment of "necessary prejudice" enshrined in the judgment of April 13, 2016 (Cass soc. April 13, 2016 No. 14-28.293).

In the current state of case law, the employee must in particular justify a distinct prejudice in the event of:

Failure to mention the applicable collective agreement on the pay slip.

The presence of an unlawful non-competition clause in the employment contract.

Non-compliance with the rules of form of dismissal

Lack of information on rehiring priority.

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