Termination of contract

A single month's delay in paying wages is enough to break the employment contract

Publié le 06 septembre 2022 - Directorate for Legal and Administrative Information (Prime Minister)

The delay in the payment of a single element of remuneration constitutes a sufficiently serious breach for the breach of the contract of employment to be imputed to the employer. This was the view of the Court of Cassation in its judgment of 6 July 2022.

An employed manager, recruited since August 31, 2000, acknowledged the breach of his employment contract at the employer's expense on June 10, 2011, and referred the matter to the labor council on August 8, 2011.

He had not received the salary for May 2011, due on May 31. The employer felt that the employee should have given him the opportunity to regularize the situation, by alerting him to the fact that this amount had not been paid.

Like the Court of Appeal, the Court of Cassation considers that the non-payment of the salary of a single month constitutes a sufficiently serious breach to justify an acknowledgement of the breach of contract.

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