Case Law Alert: Compensation for Reclassification

In the context of the reclassification of a fixed-term employment contract into a permanent one, an employee had been awarded payment for overtime, but the court had only awarded compensation for reclassification on the basis of her fixed salary.

The Cour de cassation has reminded that the compensation should be calculated on the average monthly salary, which must be determined with regard to all salary items, including when they are paid on a monthly basis, and therefore including overtime. (Cass. Soc . 11 October 2023, no. 22-10.650)