French Employment law - Arbitration Commission for Journalists: a journalist obtains compensation of 47,000 euros (CAJ July 5th, 2023)
-A journalist obtains 47,000 euros as severance pay before the Arbitration Commission for Journalists by decision of July 5, 2023.
2) Decision of the Arbitration Commission for Journalists of July 5th, 2023
In its decision of July 5th, 2023, the Arbitration Commission for Journalists:
Sets the total compensation pursuant to Article L.7112-4 of the Labor Code due to Mr. X at 47,362.56 euros gross,
Notes the payment of 8,429.76 euros by the company SPORT 101,
Orders the company SPORT 101 to pay the sum of 38,932.80 euros to Mr. than 2,000 euros in application of article 700 of the code of civil procedure.
States that this decision, exempt from all costs, will be filed with the registry of the Paris judicial court to be executed in accordance with the provisions of article D.7112-3 of the labor code.
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It results from the final judgment of the Rennes Court of Appeal of June 12, 2020 that Mr. journalist editor-in-chief.
It was after having obtained recognition of his status as a journalist that Mr. He was unable to contact the CAJ before this decision.
By seizing this less than two months after the judgment recognizing him as such, he acted within the limitation period.
The commission is responsible for the action for payment of dismissal compensation for journalists under article L.7112-4 of the labor code is not prescribed. If the press card facilitates the exercise of the profession, it is not a necessary condition.
The decision of the Arbitration Commission of Journalists (Social Cassation, November 6, 2013 appeals No. 11-22.849, 11-22.850, 11-22.879) is sufficiently reasoned since it sets out the circumstances of the case and it there is no longer any dispute, either on the reason for the termination, or on the seniority of the employee and to determine the amount of compensation allocated based on the journalist's requests, the parties' briefs, age, responsibilities and the situation of the journalist.
According to the collective agreement for journalists recognized as applicable, the basic salary must be increased by the 13th month and the seniority bonus, the Court of Appeal integrated the 13th month into the reference salary of the category without retaining the seniority bonus. seniority. This defined in article 24 of the applicable collective agreement was accurately assessed in Mr.
Under these conditions, the Commission has sufficient elements, drawn in particular from his loyalty to the title, the quality of his work as well as the impact of this cessation of activity on the rest of his professional career outside the status of journalist to set at 47,362.56 euros the amount of compensation due to Mr. article D.7112-3 of the labor code.
The company's offer is not satisfactory.
It is appropriate to apply article 700 of the code of civil procedure for the benefit of Mr. X
To read all the Article, please click on the link below.
Frédéric CHHUM avocat et ancien membre du conseil de l’ordre des avocats de Paris (mandat 2019-2021)
CHHUM AVOCATS (Paris, Nantes, Lille)
e-mail: chhum@chhum-avocats.com
https://www.instagram.com/fredericchhum/?hl=fr
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