The Supreme Court has held that the indemnity for undeclared work provided for by Article L. 8223-1 of the Labor Code is owed based on the employer’s breach of its obligations and is payable only if the employment relationship is terminated.

In the case at hand, the court of appeals found that the drivers in damages for the hours relating to travel time, in the form of a fixed indemnity of six months of salary.

The Supreme Court has vacated the court of appeal’s decision, recalling that the indemnity for undeclared work “is payable only in case of termination of the employment relationship” and “that by ruling as it did, without verifying whether the employment relationship between each of the concerned employees and the company had been terminated, the court of appeal deprived its decision of any legal basis.”