In the Absence of the Employer's Agreement,

Application pratique:

The Court of Cassation ruling (20 July 1981) confirms that a collective bargaining agreement cannot force a co-ownership to pay a concierge's spouse who substitutes without the employer's express consent. Refuse payment immediately, request an extraordinary general meeting to vote on the arrangement, and formally instruct the syndic to cease collecting these charges, citing this precedent.

Application pratique:

Under the 1981 Cass. soc. decision, a co-ownership has no obligation to pay wages to a family member substituting a concierge without prior employer agreement. Inform your tenant of this, formally contest the charge with the syndic in writing, and if unresolved, propose a resolution at the next AGM to recover the amount and establish clear substitution rules.

Application pratique:

As a new co-owner, you can rely on the 1981 precedent stating no obligation exists to pay an unauthorised substitute. Write to the syndic demanding removal of the surcharge, referencing the case law. Attend the next AGM to insist on a written protocol for future concierge absences, preventing recurrence.