Limitation Period: The employee’s action for failure to join the employee benefit scheme is subject to a five-year limitation period.

In a decision dated 26 June 2024, the French Supreme Court (Cour de Cassation) ruled that the employee’s action based on the employer’s failure to fulfill their obligation to have their staff join a supplementary employee benefit scheme and to pay the resulting contributions is subject to a five-year limitation period, pursuant to Article 2224 of the Civil Code. Thus, any action by an employee based on this ground will be subject to the five-year limitation period, which, as a reminder, begins running from the day the employee knew or should have known the facts allowing them to bring said action (Cass. Soc, 26 June 2024, No. 22-17.240).

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    Employment Law in France

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