French employment law - « Prise d’acte » : EDIMARK convicted of union discrimination against a production designer, invalid dismissal, and overtime pay (Paris Court of Appeal, June 12nd, 2025)

Edimark is ordered to pay the production designer damages for union discrimination.

The designer's acknowledgment results in a void dismissal.

The company is also ordered to pay the employee overtime.

The designer's other claims are dismissed.

1) STATEMENT OF THE DISPUTE

After working as a freelance graphic designer, Ms. X was hired by Edimark, a publisher of scientific publications, under a permanent employment contract effective April 3, 2018, as a production designer at level X, the second level of the collective bargaining agreement for the specialized information press. Having obtained a salary increase in October 2018, she applied by letter dated January 8, 2019, for recognition of her qualification as a graphic designer.

The Professional Journalists' Identity Card Commission granted her her first professional journalist card on March 25, 2019.

Ms. X filed an application with the Paris Industrial Tribunal (Conseil de Prud'hommes) on November 27, 2019, seeking disclosure of comparative documents held by her employer. The order of February 26, 2020, declared that there was no basis for interim relief for either the main claim or the counterclaim and ordered the plaintiff to bear the costs.

Upon appeal by the employee, the Paris Court of Appeal, by judgment of January 14, 2021, granted her request for disclosure of the staff entry and exit log for the years 2017 to 2019, the employment contracts and amendments, and the pay slips for the years 2017 to 2019 of eight employees (Mr. M., M., B., P., and Ms. D., B., A., and M.), as well as the pay slips of one of her colleagues, Ms. Langlais, from April 2018 to December 2018, on the condition that they be anonymized beforehand.

From November 25, 2019, to April 9, 2020, Ms. X's employment contract was suspended due to illness. She filed a substantive case with the Paris Industrial Tribunal on December 27, 2019.

She acknowledged the termination of her employment contract by letter dated March 6, 2020.

The Paris Labor Court, by judgment of August 24, 2023,:

- declared that it had jurisdiction over all the claims constituting the dispute,

- dismissed the documents submitted by Ms. X numbered 22, 57, and 65,

- declared the application for judicial termination of Ms. X's employment contract moot,

- declared the applications filed based on the acknowledgement of the termination of the employment contract admissible,

- declared that Ms. X worked unpaid overtime between June 28, 2018, and November 22, 2019,

- declared that the acknowledgement of the termination constituted a resignation,

- ordered Edimark to pay Ms. X the following amounts:

- €2,224.43 for overtime,

- €222.44 for related paid leave,

- €1,200 under Article 100. 700 of the Code of Civil Procedure,

- held that wage-related awards will bear interest at the statutory rate from

the employer's receipt of the summons to the conciliation office,

- ordered the issuance of the amended pay slip and a corrected Pôle Emploi certificate,

- ordered provisional enforcement,

- dismissed Ms. X's remaining claims,

- dismissed Edimark's claims,

- ordered Edimark to pay costs. Ms. X appealed the judgment on October 2, 2023.

2) MOTIVATION FOR THE JUDGMENT

The Paris Court of Appeal, after deliberation,

REJECTS from the hearing Exhibits Nos. 22, 57, and 65 of Ms. X's case, as well as their reference in the latter's submissions in the present proceedings,

UPHOLDS the judgment under appeal, except for its provisions relating to union discrimination, the effects of the formal acknowledgment, and severance pay, which are overturned,

Ruling again on the overturned grounds and adding thereto,

STATES that Ms. Véronique X's formal acknowledgment of the termination of her employment contract had the effect of a null and void dismissal,

ORDERS Edimark to pay Ms. X the following amounts:

- €2,000 in damages for union discrimination,

- €5,200 as compensatory compensation for notice period,

- €520 in related paid leave,

- €3,900 in severance pay,

- €16,000 in damages for void dismissal,

- €3,000 on the basis of Article 700 of the Code of Civil Procedure,

STAYS that interest at the statutory rate is due from the date of acknowledgment of receipt of the employer's summons before the adjudication office of the industrial tribunal for monetary claims, the principle and amount of which result from the contract or the law, and from the date of this judgment for the remainder,

ORDERS that Edimark provide Ms. X with a certificate intended for France Travail, a work certificate, and a summary pay slip in accordance with the terms of this judgment, no later than two months following its delivery,

ORDERS that Edimark reimburse the relevant social security organizations for any unemployment benefits paid. to Mrs. X up to a limit of six months of compensation,2.10) Sur la prise d’acte de la rupture du contrat de travail :

Ms. X acknowledged the termination of her employment contract by letter dated March 6, 2020, containing the following grievances:

[...] “I note that the serious breaches in the performance of my employment contract by the company continue.

To read the full brief, click on the link below.

https://www.legavox.fr/blog/frederic-chhum-avocats/discrimination-syndicale-condamnation-edimark-pour-37438.htm

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

www.chhum-avocats.fr

https://www.instagram.com/fredericchhum/?hl=fr

.Paris: 34 rue Petrelle 75009 Paris tel: 0142560300

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